The Montgomery advertiser., 1901-07-10

 State. 1t absolutely prohibits any further dispensaries, there is no question about that. The amendment offered by the gentleman from Lauder dale, or that offered by myself would obviate that inhibition.
 Mir. NO'Neal-Would the gentleman permit me to call attention to Section 23 of the Declaration of Rights: that no ex post facto law,or any law, tnl- pairing the obligations of contracts. or making any irrevocable or exclusive grants of special privileges or immu- mites. shall be passed by the General Assembly"
 Mir. Cunn:ngham-I understand that cities and towns have not any bill of rights. l. I am not mistaken as to what a bill of rights means. 1t has reference to the people, and not to any organization for the government of the neople?
 Mir. Foster-May I ask a question? Do you know of any instance in which an exclusive. franchise has been grant ed to towns or municipal corporations? MT. Cunningham-Every town in the State of Alabama if it is operating a disrensary today Is operating under Pn exclusive franchise.
 MT. Foster-Is that a franchise. or delegation of power to the government itself?
 Mir. Cunningham-If I understand It. that is what 1t Is.
 MT. Foster-It is a delegation of po- lice power and not franchise. MT. Cunningham believe that the amendment offered by myself. or that offered by the gentleman from Lauderdale, will obviate the mystery that is clouded in Subdivision IA. If there is any negro in the wood pile for which of course the committee is not responsible, why this kills the Ee- gro-that Is all I am after. l dlsclaim any responsibility on the part or the committee for 1t will not adopt the amendment. As l stated. in the Bill of Rights, we have practically the same provision that the Legislature shall never grant amy IT revocable or exclusive grants or spe- cial privileges or immunities.' The only word we add is franchise" Ev- cry gentleman knows that the right or a city or a county to sell liquor Is police power. a police power granted by the Legislature to that subdivision of the State. It is not franchise. rms provision has been In the Bill of Rights ever since Alabama was State, ana now we are asked to strike out one of the fundamental principles of the Con- etitution. a Bill of Rights which has existed here from the tima to which the memory of man runneth not to the contrary, simply because it might h. terfere with a local liquor law.
 MT. Ashcrawt--If already in the Bill of Rights why do you want to repeat it?
 MT. O'Neal-we do not want the Leg islature to pass any local law.
 MP Ashcraft-If they are prohibited by the Bill of Rights from granting any special privileges, then why should we put it in here again that they should not be allowed to grant any special privileges?
 MT. O'Neal-Because the Bill oi Rights did not use the word fran chise" that is the reason we added this provision.
 MT. Ashcraft- -Thensstrike It out.
 MT. O'Neal-We do lot want|any soc- cial franchises.
 MT. Ashcraft--Will you consent tt have the words special immunities and privileges stTcken out?
 MT. .O'Neal-No. sir.
 Mr.. Ashcraft-Then, why put it ir tIa Constitution twice?
 MT. O'Neal-So that the Legislature
  any special franchise or immunity Whatever. and the word franchise" ii added to. it. f- -Af~ s-- Mr. Ashcraft-I desire to ask a dues tion.
 MT. ONeal-Certainly.
 Ar. Ashcraft-The right granted bS the Legislature to municipality tC conduct d.spensary Is a special priv. ilege granted by the Legislature to the municipality, is 1t not?
 MT. O'Neal-No. I think not, 1t is part of the police power of the gov. ernment which is delegated to a sub division of the State government. think where the Legislature grants tc a town or a county the right to sel liquor, it is granting a part of the DO lice power.
 Mir. Smith (AIobile)-I wish to cal attention to an error in the statemen as to what is contained In the Bill O Rights which reads "an exclusive gran of special privileges or immunities. In this paragraph 1t reads "grantini any exclusive or special privilege"
 MT. O'Neal-Granting any franchis or special privilege In this provision. Mir. Smith-That's different thini in your article the word "or" takes tn place of the word "oEH
 MT. O'Neal-"Exciusive grants o special privileges oh immunities" an this says Granting any exclusiv or special privilege .mmunlty< franchise whatever" 1 cannot SC any difference 'r the two. ex cent that we add franchise. l mov to lay the amendment and the substl ute upon the table.
 vote being taken. the amendmen and substitute were laid on the tapl bv a vote of 53 ayes to H noes on division. MT. O'Neal-I now move the adopuo of that subdivision, and on that ca for the previous question.
 The President-The Chair had recoe pized inc gentleman from Hale.
 MT. deGraffenreid-I move to Ia Section 14 on the table.
 MT. Blackwell-On that l call fc the ayes and noes.
 On the motion to table, the call fC the ayes and noes was sustained.
 ITpon the call of the roll. the vol resulted as follows; :~:-..--
 AYES.
 Asbcraft. Knight,
 Banks. HSL..r
 Pethn1e Long (Walker), Pisnkwell, McMillan (Wilcox). Poone Malone,
 0rooks Merrill.
 Carmichael. of Col Murphree'
 bert. NorHdh;
 Tnnflhs 6ent "AN' Parker (Elmore).