The Montgomery advertiser., 1901-07-11
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FoRTx-FInsT DAY.
 MONTGOMERY. ALA.
 THoapacHau ruiv ff 1e0


 5ournment, was called 10 order by the < President, and opened with prayer. by the Rev. Mr. A. F. Dix as follows:
 our Father and our Lord it becometh un 10 approach Thy presence with reverence for Thy majesty. and with ave for Thy holiness In Thy govern ment, It becometh us also to ep- proach Thee with confession, Tor our own conseiences tell us of sin, but we thank Thee that we may approacn Thee with confidence that Thou asst provided the means whereby Taou S canet forgive sin and accept the pres ence sf those who have transgressed Thy Jaws, if they rely upon the mvrits \ and advocacy of Him whom Thou hast sent forth. Look upon us this morning *tn our needs we pray Thee end cohter uDcn us such graces az are reduisite Tor the discharge of our duties. hetore God and the world. Do Thou bless thie convention in all its membership. DO Thou copfsr upon Thy servant. the rresldsnt of this body, the wisdom ie- < Quieite that his rulings may be rieht, and upon all the members that zeal Tor gQod which can meet the divine ap- proval. and may Thy wisdom De con- ferred upon them, and may they ne enabled so to discern the future end
  for whom they are framing fundamen- tai law and do Thou enable them to ad- just measures that the growth of our Kreat State may be accommodated. that < the development of its industries may ! be encouraged, that the people may gsow in righteousness and In the qualifications of good citisenship, that our future laws may be such as shall be compended to human conscience and to Gvine judgment. We ask now onr Father in behalf of all the interests of these men. help them we pray Thee to discharge the varied duties that rest upon them as citizens and as standard bearers in the respective communfties and may all the interests of the rising generation be subserved and may the Interests of Thy-kingdom. O Lord, our Father. be enhanced for Thy names Hnke. Amen. a-Fr
 Upon the call of the roll, 123 delegates responded to their namee.
 The report of the Committee on Jour nal was read. stating that the journal for the fortieth day of the Convention had been examined and found to be correct. and the report was adopted. Leave of absence was granted to MT. denkins of Wilcox for today and to- morrow. {>i
 
 reconsideration of the vote, MT. Presi- dent. by which subdivision 14 of sec- tion 1 of ths report of the Committee on z Local Legislation failed of adoption on yesterday, and I yield the floor to the gentleman from Lauderdale, MT. O'NeaL
 Mir. deGraffenreid--I rise to 8 point of order.
 The President-The gentleman will state his point of order. MT. deGraffenreid-My understanding is that the gentleman from Elmore voted against the adoption of the reso- lution.
 Mir. williams--I voted on the win ming side.
 Mir. deGraffenried-My recollection was If he did not change his vote just before the vote wac announced, that he voted against the adoption.
 MT. Pillaps-He said that he voted on the winning side.
 The President--The gentleman's statement is sufficient.
 MT. Pillans-He voted on the win- ming side. and if he did he cannot make a motion to reconsider.
 Mir. o'Neal-I simply desire to call the attention of the Convention to the effect of its vote on yesterday. Section
 
 tton which grants any special or ex- elusive franch whatever. By strik- in9 out that provision, without ai.y amendment you say to the Legislature of Alabama that you can now grant special franchise to any corporation in this State. You can grant a special franchise or exclusive franchise to a corporation to establish a street car system, electric light or water works. am sure that was not the intention of the Convention. The idea seem sd to prevail that the purpose of this sub division was to prevent the City ti Mobile from retaining the liquor license tax of the State. and the fear on the part of the advocates of the dispensa- " that 1t might prevent the establish ment of dispensaries in cities and towns of this State. The Supreme Court has expressly decided in a recent decision that the right to create a dis psnsary Is the right of a State to exer- else police power in reference to the liquor trafic, and the right to confer upon a muni. ctpality or county the authority to es- tablish dispensary Is merely the transfer of a part of the police power of the State to that particular county or locality. Now if the gentle.
 
 ion win affect dispensaries, why cannot it be amended by providing that the Legislature shall not grant any special franchise to any corporation, and leave out city. town or county. Then you say to the people of Alabama in the future we do not intend that one of the great pvtls of local legislation consists in lob. hies coming to the General Assembly, and by intrigue and log.rollinS secure lor few favored individuals or cor sorations special privileges and i'm. hunities and franchises which theN could not obtain under the general law Now I am sure an amendment of that f6fnd can be made to meet all the oh. jections-
 Mr. Sanford (Pike)-win the gentle. man permit an inquiry?
 If this section is reco7sidered will the committee consent to the amendment - suggested by the chairman of the com mittee?
 Mir O'Neal-They will.
 Mir. Samford-That is all right
 Mir. O'Neal--But in the attitude W, are in now. you say private corpora tions can secure any special privilege the Legislature may be willing t, grant.
 Mir. o'Neal-I have not finished m, remarks. retain the floor unless tha ts agreed to.
 MT. Ashcratt-On yesterday I offere, an amendment which limited thi power to individuals, by the corpora tions and associations in accordanc