Birmingham state herald., 1896-10-11
WHAT ALABAMA NEEDS NOW A Constitution Up-to- o-Date in All
 Respects. DEFECTS ARE POINTED OUT And Chart Put in the Hands of Legislators by Hon. s. D. WeakIey-Text
 of His Address.

At the request of numerous patrons the State Herald publishes the text of the very able speech delivered by Hon. s. D. Weakley before the Commercial associa- tion at its recent session in this city:
 After a few introductory remarks, MT. Weakley explained the nature and char acter of state constitutions in our Amer ican system; pointed out how they are usually framed and adopted; referred to the fact that they are not to be looked to for statement of the subjects upon which legislation may be had, but rather for limitations upon the general power of legislation, which the general assem- bly enjoys as fully as the British parlia- ment, except as restrained by the state or federal constitution, and, as leading up to the main question for present consid- eration, presented a brief historical re- view of the several constitutions which have been ordained for Alabama from 1919, when the state entered the federal union, until 1875, when our present or ganic law was adopted by the people, Coming to the constitution of 1875 and the changes which the speaker thought would be desirable and beneficial, he spoke in substance as follows:
 In 1868 a constitution was framed and submitted to the people for adoption as a part of the plan for the so-called re- CONSTRUCTION Ol liliS Sldle AllHOuSH II II did not receive a majority of the votes east as the report of General Meade showed yet the congress of the United States declared in the act adopting it that it had received a majority, and 1t was held by virtue of that act to have taken effect on the day the statute was passed. It was inevitable that a constitution so imposed upon the people would not long remain their organic law when favpra- ble opportunity presented itself for mak- irg a change. Besides, conditions existed and events had transpired which called fer greater restraints upon the power of the legislature in respect of the public revenues and the use of the taxing power. So it was that in 1875, shortly after the election of Governor Houston, conven- tion was called to frame new constitu- ton; the work was done, and the result ratified by a vote of the people. The con- ditions which then existed and the events which had preceded are well known as part of the history of the state, but they can, without regard to other sources of information be unerringly discovered by the attentive student from mere peru sal of the instrument itself. It is obvious that the leading objects which its fram- CTS had in view were an economical ad- ministration of the government, the pro- tection of the treasury from spoliation, the prevention of appropriations for any but public purposes, the saving of the credit of the state and it's governmental agencies by denying it's use in aid of prl- vate enterprises, even though of quasi public character, and the preservation of the property of the citizen from large tax leyies Many provisions of this charac- ter exhibit the greatest wisdom. They have undoubtedly proven of great value to the state, it's counties and municipali- ties, in preventing their embarking upon orsaiding, in the name of progress, many visionary schemes, which, at times of in dustrial or commercial excitement, public officers and even the people themselves might have otherwise been allured to pro- mote with the public credit; and many of these wise safeguards should, in my judg- ment, find place in any future revision of the fundamental law. At the same time there was danger of going too far In lm- iting the amount of revenue which could be raised for legitimate and necessary public purposes, whereby worthy institu- tions and municipalities would be de- prived of support. The emergency called for the exercise of great wisdom in find ing the golden mean between the two extremes.
 But all will agree that conditions have vastly changed since 1875. The state has taken a distinct and decided step for ward in all lines of development. Towns and cities then existing have grown and others have sprung into existence, attain ing size and rank which would not then have been deemed possible. As result limitations upon legislative power, which in 1875 were wise and timely. have now in many instances become intolerable re- strictions upon further development. It will be impossible within the proper lim- its of this address to refer to all the minor particulars in which improvement of our constitution could be now made. Many of them alone considered would not be of sufficient importance to justify the expense of new convention. I Chave, therefore. selected few leading topics for discussion here. many of which are alone sufficient. but which considered to- gether, furnish, 1t seems to me, impera- tive reasons why the state should have another and new constitution. It is hardly necessary to say that these are subjects which different minds will possi- ply view in a different light, and do not expect to find here concurrence in all I may say. At the same time, I present my own views for what they are worth.
 Too Many Elections.
 First of all, we have too many elections