The Montgomery advertiser., 1901-07-10

Lexixlature, why should not they. rep xesenting the majesty of the State. relieve him from the conse~ Quences of his act. when 1t is clearly shown that 1t was done out or the highest motives and for the purest in- terests of the public. think the sub division ought to go out.
 Mir. O'Neal-I do not think this Sec tion should be stricken out. It seems to me. as the gentleman from Mont gomery has just suggested. 1t would encourage officers to violate the law with the hope that they could apply to the Legislature, and through local in- flrence, and other agencies which are generally brought to bear upon a local member, secure the authorization of an illegal act. Now this provision is found In the constitutions of nearly < all of the States. Some States have. an exception which I will call atten- ton to- slegalizing as except against the State, the unauthorized or invai1d act of any officer that exception might be Incorporated, but the Section as a whole should not be stricken out be- cause 1t works good purpose. If an officer violates the law, he has done wrong to somebody. Why should the Legislature put a premium upon ofh- cers violating the law in this State. Why should the Legislature say to an officer if you violte your duty. violate the plain laws of the land, come to us and we will give you the relief from your unauthorized and illegal acts. l can see no justice in such a proposi- ton. In an exceptional case of course 1t can be provided by a general law. and 1t is proper to provide for 1t by general law, because the minute you permit special and local laws on the subject you invite all the evils which special and local laws create. You make the local member the arbiter and not the General Assembly.
 etr. white-How could you by general law provide for a.particular act3
 Mir. ONeal--If it ought to be done, it can be provided for. If 1t ought not to be done by general law it ought not to be done by a special law.
 MT. White-How can you do 1t by general law?
 MT. o'Neal-The same as by spe- ciaf law.
 Mr. white-For a particular act?
 MT. o'Neal-Yes, for a particular act. You can apply a general law to all persons of general class doing certian invalid acts. If a Treasurer, for instance, pays money by mistake, you can pass law which provides that whenever the Treasurer does so and sol--
 Mir. white-But suppose the Tax As sessor of one county were to make wrong assessment, how could you pro- vide by general law for that?
 Mir. O'Neal-Why, you can certainly pass a general law that whenever Tax Assessor makes a wrong assess ment that the money shall be refunded by the Probate Judge and that would be general law.
 Mir. White-That encourages them more than the other, don't it?
 Mir. O'Neal--That would leave it to the Legislature acting as whole. With a general law, you get rid of the danger of the local influence. We know under that system now prevail ing when member goes to the Leg isIature and asks for the passage of a local bill validating the act of an off, cer. the Legislature as a whole accepts the wishes of the local member, but when you require the whole Legisla- ture to pass upon the question they will scrutinize and examine it careful ly and they won't give their sanction to the act unless it is such as appeals to their sense of justice sitting as leg islators for the whole State.
 MT. Beddow--I would like to ask the gentleman if this very section, in the last line of the Section, don't provide that the Legislature can pass general laws covering all these cases?
 Mr. O'Neal-Certainly 1t does. and I thank you for the suggestion, we simply say that with these amendments are continually proposed, you destroy the very purpose of this Article. The Ar ticle is to prevent local legislation for certain enumerated subjects. and 1t directs and commands the Legislature to pass general laws on those subjects. You can pass general laws then to le- galize such acts of an officer as are invalid in the judgment of the Legisla- ture, and should be legalized.
 If this amendment is adopted ytrik- ing out this Section. you may as we'll strike out the other sections of the Ar ticle. The whole argument here that has been made in favor of all these amendments, is on the ground that 1t might cause some hardship to some off, cer. county. or individual That ar gument can be made for every local or special law. ever proposed in a Leg isiature. We answer that argument by saying that the Legislature can now provide by general law, and will pro- vide by general law for these things, and this will prevent the corruption, the Jobbery and g-rolling. the in- trigueing that exists in every General Assembly of this State. and will con-
  restriction upon local and private leg islation. We do not want to trust these matters to the local member. Now he is CZar. He has dictatorial powers about every matter of legisla- ton that effects his county. The Leg islature of Alabama is the member from that one county, so far as local matters are concerned. Custom and usage make it so. We want N over come that and we cannot overcome it unless We say to the Legislature on all these subjects you must pass gen. eral laws. Then you have the concur rent wisdom of the entire Legislature. All of their judgments. all of their views are brought to bear upon the particular subject. instead of the Judgment and view of one particular man.
 Mir. Williams-Do you propose to. pass | that general law before the act or af- ter the act. Do you propose to make | the law general, So as to apply to acts | or mistakes which are to be made in | the future. or after the mistake Is | lnade. do you then propose to pass a 1 general law so as to apply in that l case? Mir. O'Neal-Why, of course, if occa- | sion should arise in a Legislature, if | case should occur in which an off, | cer had performed an invalid act, done |