The Montgomery advertiser., 1901-08-18

< w6s . diversity of Qptnion. this Com pnittee among themsesves did what this Convention on yesterday. -eemed to do on the matter of the report on the Ju- d1ciai, Department. ana compromised these issLeS among thems&fees and unanimously instructed me- to, make this sieport. The only division of the Aommfttee consists of what is called . minority report. in which some mem bers of the Committee desired to en- Hraft a provision in which the major z tty did not concur. and which Is some thing entirely new In the Constitution.
 As this report will explain itself. and as the Committee will explain by some member each and every change made when the section is reached. for the dispatch ef business. l shall be brief. and l now move that we proceed to consider this majority report section by section. si ar sa as''ct -
 Upon vote being taken. the motion was carried.
 The President--The Secretary will read Section l.
 rhe Secretary read Section as fol- lows:
 Section l. The legislature shall pass no special act conferrins corporate powers. but they shall pass general laws under which corporations may be organized and corporate powers of ev- cry nature obtained, subject. neverthe- less. to repeal at the will of the legis- lature: and shall pass general laws un- der which charters heretofore granted may be altered or amended. The leg fslature shall. by general law. provide for the payment to the State of Aea- bama of a franchise tax by corpora tions organized under the laws of this State. which shall be in proportion to the amount of capital stock.
 Mir Harrfson-Mr President. I de- sire to ask unanimous consent to adopt two amendments to that section in be- half of the Committee. one to correct a xrammat ticai error and the other at the suggestion of some delegates of the Convention. to guard the language and confine it strictly to what the Committee meant. I have the amend ment prepared.
 The amendments were read as fol- lows: Amend Section by striking out the word they where it first appears in the second line thereof. and insert in lieu thereof the word it" Further amend Section 1 by inserting between the words ito" and ''repeaf' on the third line thereof. the following words, to wit: Amendment. alteration or and amend Section by striking out the words "of every nature" on line three.
 The President--The gentleman from Lee the Chairman of the Committee, asks unanimous consent to accept the amendments just read. Is there ob- lection?
 There being none the amendments were allowed.
 MT. Macdonald--I would like to ask a question of the Chairman Of the Committee. As I understand this sec- tion. it authorizes the legislature to ai- ter or amend charters of existing cor poratiops by special act. Isn't that in conflict with the Article we have adep- ted on Local Legislation.
 MT. Harrison-If the delegate from Montgomery will read further he will see that it provides that the legisia- ture shall pass general laws under which charters heretofore granted may be amended. The other. as 6 matter of precautfon. was put in there simply 10 overcome the exclusive rights held by the Courts under the Dartmouth College case.
 Mir Asheraft--I ask this question: If when a corporation has ootRined a charter. cannot it then come to the leeislature anu get it amended. The section says, subject nevertheless to repeal at the will of the legislature; and shall pass general laws under which charteas heretofore granted may be altered or amended"
 Mir. Harrison-I ask my friend from Lauderdale to allow the delegate from Mobile upon whose suggestion this amendment was incorporated to an swer him. .'- .-'-
 MT. Boone-I would say that the Cofnnittee has put :his in. because. I you will look at Article XIV, Section | of the old Constitution. you will find that after providing how corporations shall be organized. 1t was carefully put there. AM laws under which corpora tions are organized may be. altered. amended or. repaaled.""~ That is in every Constitution in the United States that has been made since the decision in the Dartmouth College case, In which Mir Justice Story pointed out that unless the poSer was left with the legislature to alter, amend or re- peal that a legislature grant was a contract. and could not be subject to alter ation. amendment or repeal. and hence. if we do not put this in here some ewhere. if the legislature would grant q chatter giving them certain rights. they would be unalterable. It seems to n1e of vast importance and should appear in this Article.
 MT Walker tMadisonl-Under that amendment as proposed by the Committee would ie not have it in the power of the Legislature to provide for such an amendment. not by general law but by special law What necessity is there for providing for special legislation to amend char tars if 1t can be done by general laws.
 Mir. Boone-I take it that in many particulars there are corporations of a certain character, relating to certain subjects, which are not of uniform ana general purpose. and the idea of the committee was to put 1t in for that purpose.
 Mir. Walker-I would like you to spec ify some corporation that could not be provided for by general law.
 Mr. Boone-1 would say there are many rights and privileges. many ram fficat!ons in certain corporations. and 1t would do no harm to have this provi- sion. especially when we have the sen tence following. that the Legislature shall by general law provide for the organization of corporations and the giving of charters, and not by special act. ..
 Mir. Walker-But the exception now proposed would take this out of opera . tion of general law, and make It the subject of special act by the Legisla- 'eure.
 MT. Boone-I think that would be wise in certain cases.
 MT. Pillans-Could there under the Dartmouth College decision be any amendment by general or special law unless the privilege to amend ia re-