The Montgomery advertiser., 1901-07-12
The Afternoon Session.

The Afternoon Session. 3:30 o'clock, 1l9 delegates answered to the call of the roll.
 Indefinite leave of absence was granted MT. Spears of St. Clair on &C., count of illness. !: MT. Hefiin of Randolph asked unani- nous consent to make report for the Committee on Schedule and Printing. Objection was made and the Convention proceeded to the consideration of the pending question, which was the mo- ton of MT. Dent of Barbour to table the amendments and the last clause of Subdivision 26 of Section 1 of the re- port of the Committee on Legislation. l which had been reconsidered. The clause gives the courts and not the General Assembly the right to de- termine the difference between local and general law.
 Mr. Dent withdrew his motion to table, and Governor Jones made an argument in support of the original clause. He contended that it was not an invasion of the right of the Genera! Assembly,
 Judge Walker of Madison addressed the Conv He said if relief could be secured from the courts. he saw no
 necessity in going to the Legislature for relief from laws. He declared that 1t was @ matter of special favoritism | which he did not believe in perpetual | ing.
 Several questions were asked Judge Walker concerning the effect of the clause upon local dispensaries. He re-
 piled that he understood that local dis penssries were to be made the subject matter of special legislation. General Harrison of Lee spoke in op- position to the clause, He said he saw no reason for it He b<iieved In dJmin- ishing local legislation, but he thought the proper way to secure it was to spe- cify the subjects as had been done, He could see no good reason for undertak- ing to permit courts to determine the question when the subjects had been specified. He thought the clause would have a tendency to increase litigation in Alabama.
 General Harrison concluded by nov ing to lay the proposition and all amendments upon the ta ble. Mir. Watts of Montgomery demanded division of the question. and it was so ordered.
 The question was upon the motion to table the amendment of Mir. Wilson of Clarke, which proposed to leave the matter to the Legislature and not the courts.
 The amendment was tabled by a vote of 63 to 37.
 The question recurred upon tabling the amendment of MT. Sanders of Limestone. This amendment provided that the General Assembly may be au- thorized to pass local laws regulating the liquor traffic.
 The Convention rafused to table the amendment
 The motion to table the original clause was lost by s/eote of 50 to 72.
 The Sanders amendment permitting local legislation regulating the liquor trafi1c was then adopted. MT Robinson of Chambers. present. ed an amendment to strike out that portion permitting the courts to deter mine the question and to insert that the legislature may determine whether law is a special law or general law at the time of it's passage.
 Judge Robinson addressed the Con- vention citing instances wherein confu- sion and litigation would arise if his amendment was not adopted. The Robinson amendment was lost by a viva voce vote.
 Mir. Reese of Dallas. presented an amendment to the amendment permit ting the passage Of local laws regu- laring practice in the courts,
 The Reese amendment was adopted by a viva voce vote and on motion of MT. Sanford of Pike. the paragraph, as amended, was adopted. Ayes, 73; nays. g.
 This concluded the consideration of all the subdivisions of Section 1 and on motion or MT. O'Neal of Lauderdale. the Section was adopted.
 MT. deSraffsnreid of Hale, gave mo- tice that he would move to reconsider the voVe.
 Section of the Article on Local Legislation was then taken up. It pro- vides that the operation of no general law shall be suspended for any corpo- ration. person etc, nor shall any cor poration, person, etc. be exempted from any general law.
 Mr. Sanders of Lime stone, sent up an amendment allowing the General As sembly to pass local laws regulating the liquor traffic except as otherwise provided.
 MT. Sanders attempted to secure unanimous consent to withdraw the amendment as it had already been placed in the article but there was ob- lection.
 MT. Watts moved to table the amend ment and the motion to table was lost.
 The Sanders amendment was then adopted.
 Captain Dent or BarDour, presented an amendment to strike out the words
 towns, cities or counties" etc., to add the word private" before the word
 "corpuratiops." He said the effect of his amendment was to make the Arti- cle harmonious and to give the legis- lature the power to exclude towns. cit ies and counties from the operation of a general law.
 The Dent amendment was adopted Ayes. 59: nays. S2.
 MT. Long of Walker. sent forward an amendment that no legislature shall have the power to pass a law calling a Constitution Convention. He did not (Continued on Page Four.)