Birmingham age-herald., 1895-02-19

MT. DpedkcT, II udQ LWO uOuI6 iubJtdu of twenty minutes, would not in that time be able 10 set out clearly and define the reason why this bill should not pass, simply because there are so many they literally teem and press for utterance, but they must be excluded, and must content myself with bare statement of the facts. The governor has chosen to rest his veto upon two propositions, which to his mind make this bill unconstitutional. Every mau knows that if he assigned but one proposition that it was clearly unconstitu- tional it was his duty to veto this measure, have examined both of these questions in the light of the authority that he quoted, in the light Of other authority, and in the light of tue authority contained in the brief filed as an interview by the attorneys of the Southern railroad, and Isay, sir, that not only is he not mistaken, but the propositions he takes and the objections that he states to this bill are absolutely i'm pregDable.
 In sneering manner the friends of the bill ask if this legislature cannot change this statute. Is there lawyer on the floor of this bouse that will say that fl prop erty right, or if a valuable right of any kind has been acquired under the statutes of the state, that this legislature can de- stroy that right by a repeal of the statute? l would not take time to cite even one au- thority. It can be done, sir. The gentle man from Calhoun states that the benefit will be in the stockholder. It is said to be a transfer, or, rather, it is to divest the law 1ul title of property out of one person and invest it in another. That is all the bill does; all it is brought here for. l will ask any gentleman on the floor of the house if, under the constitution and by the con- struc,ion of the law of this land, any one can divest the lawful title out of any one and invest it in anothsr.-
 They talk to you about this state having authority to exclude foreign corporations from doing business within the state. This is true, sir. Bnt whenever the state chooses to exercise that power, and it does exercise it, and does admit them, and they come in here and transact their business they are entitled to the same protection under the laws of this state as are natural citizens. Can this legislature exclude foreign cor poration7 l am talking now under the constitution of Alabama-can they exclude foreign corporation? l say no, except iu one case only, and why do say it9 Be- cause the constitution of Alabama reads thus: 'No foreign corporation shall do any business in this state without at least having one known place of business therein, and such corporation may be sued in any county where it does business by service of process upon an agent anywhere in this state.'
 Now, MT. Speaker, the sovereign people of the state of A abama in convention as- sembled have spoken; they have limited the power of this legislature 10 exclude foreign corporations only to the case pre- scribed there. They can exclude no for eign corporation on any other grounds. You are limited to the terms prescribed there, and you cannot exclude them other wise. The gentlemen said that this bill was for the purpose of getting possession of this road. 1 know it-I know it; and 1 will ask the gentleman who is to follow on the other side if he does not know that the supreme court has decided that any act which has for it's purpose the taking pos session Of property, or taking 1t out of the possession of one person and investing 1t in the other without trial in court, is up- constitutional? This bill is to take the possession of the Alabama Great Southern railroad out of the hands of those now b old. ing it and to put it in the hands of others irrespective of the decision of the court No SIT, refer the gentleman to Calhoun vs. the State, 63 Ala., which had the honor to read to this house. Tlwas simply an ordinance passed by the council of Huntsville taking property out of the pos bought by another, and put in possession of another without resort to the courts to do it..
 Now, MT. Speaker, one man tells us that the purpose of this bill is to transfer the legal title out of the corporation to the stockholders. If this is 80, 1t falls beneath the objection of the governor. Another man says 1t is to take the title out of one man, who has it now, and put it in the rightful one. The supreme court has held tuiS tO bO IifOIJ iiSS ulau guage, or has spoken it for more than 1000 years, always points with pride and exultation to the guarantee in the great charter rendered from John that no man shall be dispossessed ol his property except by the law of the land. What do you mean by the law of the land? A hearing in court, an op- portunity to present your case and have 1t investigated and judgment by your peers. ia nf a 0ra Fin mental principle, that it is taking the pos session Eof this railroad out of one set of persons and putting it in others without any due process of law, or without the law of the land. This is the reason sir, and we have no other reason, to be assigned why this bill should fail, or ought to fail. They tell you that under the constitution the state of Alabama can amend charter. Can it do so in all casesf It can amend only as restricted only such as were granted since this constitution was adopted, or with the consent of the charterers.
 There were many charters adopted before this amendment to the constitution was adopted who have not asked for an amend ment.
 They will tell you fippantly that the legislature has that power, when the very reverse stares them in the face. l have not time to state the constitutional objections can show the authorities for every single proposition. want to refer still further to matters in reference to this. l have besn thought severe. l have been told that l made a mistake in my position to the lobby. have heen told that this legisla- turs could learn wisdom from them. -Twenty-six years ago there was enacted in this hsN scene that made every man in Alabama and every freeman of the land rise in indignation and denounce it as one of the most damnable scenes ever enacted. allude to the bribery where s50, 900 was giveu to one man to pass through this leg islature corrupt measures, and when the people rose in their might and drove these vile serpcnts from power and from that lobby the whole state of Alabama shouted in the language of the poet of old:
 Shout the glad tdingsl Sound the shiboleth
 .'Israel is free!'t