The Montgomery advertiser., 1901-08-09

 and the very question of the gentle man who represents the committee demonstrates on its face the danger Of putting in the organic law such H pro- vision as this. Under existing laws, cities may be sued in all proper cases regulated by statute.
 Put it in the organic law that cities shall be sued and shall sue, and who is to determine the discretion of the Legislature if the Legislature can say that this suit or that suit or the other suit shall not be brought. then this section which he proposes to introduce in the organic law, is wholly inopera- tive because the power would still be in the Legislature to prescribe what suits shall be brought. but if the Legis-. lature cannot prescribe those suits be- cause of the introduction of this sec tion it shows upon its face the extent to which litigation may be instituted against a city. I appeal to this Con- vention to consider the danger of em- barking upon new fields of legisla tion There is not case that can be imagin- ed at this time where a city ought to be sued where the provision Is not ample and there should be no such limitation of restriction put in the organic law of the State. not at least
  courts than We have at this time.
 Mir. White-I heartily approve of the section proposed by the Committee, and l have heard no good |oason ad- vanced why that section should not be adopted. Under the law of Alabama today. towns and cities may sue and be sued. Well under that law. giving them the right to sue and be sued, you cannot take from them the revenues necessary to carry on the municipal government. In other words. placing this in the organic laws does not give any other rights than those which are now possessed either by the city or those having claims against the city, the only difference is that 1t makes it permanent.
 where city may be sued. is provided by statute.
 Mir. White-No. I don't know any, thing of the kind.
 Mir. Coleman--I would like to know then. where you get the power?
 MT. White-By law.
 MT. Coleman-What lawe
 MT. White-The law of the State.
 MT. Coleman-Isn't that statutory law?
 Mr. White-Of course, I had not un- derstood you. The right to sue and be sued is given not by the Constitution but by statute. If it is right by statute why is 1t not right by the Con- sttution.
 Mir. Coleman-will you permit another question?
 Mir. White-I have not the time, l don't want to lose time, but never mind. I will answer you
 Mir COlem9 n-Dops fba afafhfe T,rn vide for the instances in which a city may be sued?
 MT. White-No, 1t says may sue and be sued, and leaves 1t to the common law to say wherein they are liable. That is the law of the land. They simply may be sued in cases where there is a cause of action and this does not create any cause of action, simply gives a right to sue in cases where there is cause of action, and 1t takes away from the Legislature the right to deprive a citizen of the right to bring suit against a city where he has cause of action. We are just enter ing upon a period when municipal cor- porations are becoming the owners ot public utilities. We are just entering upon an era when they own the water works, lighting plants sewers, and q vast amount of other things. In other words, they are taking the place of other corporation and individuals in supplying the public with public utili- ties. I say it is right when they con tract liabilities in connection with these things. to give man the right to bring suit whose property or whose labor they have taken. Now the great | cities of Alab bama may soon get control of the Legislature of Alabama and the citizens may be at the mercy of the powerful cities in the State. and it is proper and right that in the organic law of the State. we shall implant a principle which cannot be destroyed by legislative action. that whenever a cause of action exists against a city, that the citizen shall have the right to maintain a suit thereon. What right had the city of Birmingham to buy $100000 worth of lumber, and then to have the Legislature to say that the man who sold it cannot sue for it? What right had the city of BirminE- ham to put the stone in the city build ing. and say to the quarry men, we shall not pay you, and defy Eou. be- cause the Legislature says you shall not sue us. What right has the city of Birmingham to throw sluSh and sewerage over half of the county of
 
 whose home Is ruined by the emptying of the sewerage upon him and his property has no redress on earth? I say 1t ought to be written in the organic law of Alabama and written there to stay, and 1 hope the section will be adopted. I regard it as the most important section that has been reported by that committee and I now move the previous question upon it. President pro tem-The gentlemen | from Jefferson moves the pervious question upon the substitYte. as l un- | derStand now before the House The question is shal the main question be now put?
 | The main question was ordered.
 The President pro tem-The question Is upon the adoption of the substitute Upon a vote being taken. a division was called for. and a further vote be- ing taken, there were 40 ayes and 43 noes, and the substitute was lost. Mir. Neakley-On yesterday, Section of the report on Municipal Corpora | tions was laid on the table. nov move that Section be taken from the table and referred to the | Committee on Corporations and that l this Committee be discharged from | further consideration of the section.
 The President pro tem-The gentle man from Lauderdale moves that Sec tion which was on yesterday laid on the table. be taken from the table and referred to the Committee on Corpora tiCns.
 MT Coleman-Permit a parliamenta- ry inquiry. As l understand. Sectior l was taken from the table, and sub.