Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-02-16
PRESIDENT SAYRE RESIGNS
And Hon. Francis L. PettuS VIII
Weld the Gavel.
A SURPRISE IN THE CAMP
Tax Commission Bill on the Calendar Through
Mistake
AND is SENT TO COMMITTEE
The Martin Code. After Spirited Fight,
Accepted-Harkins Mining Bill Is
Now Law-Anti-Cigarette
Bill in the Senate.
AND is SENT TO COMMITTEE

Montgomery, Ala, Feb. 15.-(Special)-
The house thought it had passed the anti
cigarette bill this morning, but thanks
to Hon. Chas. e. Waller, of Hale, 1t Will
not be law, for the next two years at
least. Mr.. Cameron got the bill up, as a.
special order, just before adjournment
this morning. After a spirited fight the
bill was passed, ayes 81, noes 16. Under
the rule the house adjourned Immediately
after the consideration of the bill was
disposed Of At the afternoon session,
however, Mr.. Waller, who led the fight
against the bill, moved to reconsider the
vote by which the bill was passed, and
then moved to lay his motion on the ta-
BILE. Under the rules this postpones the
final action on the bill until tomorrow,
which will avoid it's being read on three
seperate days and therefore it's passage.
The following other bills were passed
by the house:
S. 297.-To preserve order at the PEN
sacola district camp ground, in Escam-
bia county, Ala.
S. 342-To amend an act entitled an act
to establish a new charter for the city
of Huntsville, approved Dec. 9, 1885,
S. 3S3-To fix the time of holding cir
cult court in Cleburne county and to
dispense with grand jury in said court
thereof.
S. 391--To repeal an act entitled an act
to regulate the trial of misdemeanors
in st. Clair county, Alabama, approved
18th February, 1891.
S. Alto amend an act approved Feb.
49, 1879, entitled an act to establish the
Warrior agricultural district, to pro-
vide for the securing of the same, and
the management of it's affairs.
S. 1910 authorize the court of coun-
4., .sses af ~
to issue and sell bonds of said county
to an amount not exceeding $4,000 for
the purpose of paying the interest and
principal of the Indebtedness incurred
in building the present bridge across the
Warrior river at Tuscaloosa, Ala.
S. 458-To fix the amount of city licenses
on wholesale or retail dealers in spiritu-
Gus, vinous or malt liquors, within the
corporate limits of Jasper, Ala.
S. 468 (With AmendmenD-To further
define general assignments and to pre-
vent the fraudulent disposition of prop
| erty .4r= -a -
S. 447 with Amendment)-To provide
for the removal of suits of unlawful de-
tainer and forcible entry and detainer
from the courts of justice of the peace
and other officers to the circuit court
and to prescribe rules of practice and
evidence in such cases in the circuit
court
S. 66-To make valid and chargable
against the fine and forfeiture fund of Es-
Gambia county, Ala bama, certain witness
scrip or witness certificates issued by the
foreman of the grand juries of Escam-
ba county, Alabama, and have said scrip
or witness certificates paid by the treas
urer of said county in the order of their
registra ton.
H. $3.50 establish a separate school
district to be known as the Pinson school
district in Jefferson county.
S. 113-To regulate the holding of the
circuit court of Marengo county and to
provide for the practice and proceedings
therein.
H. 446 with Amendment ITO incor-
| porate the East Gadsden Normal and In
dustrial Institute.
H. 4S7-To prevent the sale, giving
| away, or otherwise disposing of cigar
cites, cigarette tobacco or cigarette pa
pers or any substitute for any of them
in the state of Alabama.
AFTERNOON SESSION.
Most of the afternoon session in the
house was consumed in the considera ton
and passage of the bill which accepted
and enacted the new code, which has
been prepared during the past two years
| by Hon. w. Il Martin, the ex-attorney-
general of Alabama.
| Contrary to expectation, a very spir-
| tied debate preceded it's passage. Hon.
| Charles E. Waller opened the debate by
| offering an anne ndment to the bill, which
go into effect until thirty days after the
| adjournment of the next legislature, two
] years hence. He then spoke vigorously
| to his amendment. He. charged that the
| code commissioners had resolved himself
| into a one-man legislature and had re-
| modelled the laws to suit his own ideas
| that he had invaded every realm of Ala
| bama law and had changed practically
| all of it more or less. He said that the
| Alabama Legislature had ten years ago
fho ,iCta 10 Of n
| without knowing anything about it, and
| that before this or any other code, was
| adopted it should lie for two years in
| the office of the secretary--of state, sub
| ject to the inspection of the attorneys.
| He insisted that the attorneys were tread
| ing on dangerous ground, as some radical
! changes were sought to be enacted in the
new code, and that every man who voted
| for 1t would have to explain his vote to
| his people later on.
Mr.. Pitts ably defended the bill, in
| ssting that an Intelligent joint commit
| tee of eight assemblymen had spent the
recess carefully and laboriously examin-
| ing and considering the new code. He,
! as a member of the committee, was thor
! oughly informed on it, he said, and he
! conseierciously believed 1t was the most
| perfect code in the United States today.
| He insisted that the state owed debt of
| gratitude TO Mr.. Martin for his industri-
Gus painstaking and able services in
| compiling forl them, the best code they
| had ever known. He concluded his re-
marks by moving to lay the amendment
| on the table, which was done by a vote
| of 56 to 81, and the bill afterward passed
| by about the same vote. Mr.. Waller had
! his remarks on the bill taken down by a
stenographer. and asked that his protest
| be permitted to be spread on the records,
which request was acceded to-
| The bill which provided for the print
| ing and distribution of the new code was
| then passed.
| Mr. Waller made his motion at the
| afternoon session to reconsider the vote
I by which the anti-cigarAste bill was
| passed this morning. and then moveo to
| lay the mo tipn on the table, oping there
by to prevent the bill from reaching the