The Montgomery advertiser., 1901-07-24

or disbursement of public monies. or fun-ds or property by any officer hav- ing charge or custody thereof"
 Now the amendment to the amend ment. uses the language of that statute. leaving out the word doubtful and substituting tho language of the Stat ute, 'arithorizing the adjustment, com promising and settling of claims.' In lins 1. the words ''into the proper Treasury are stricken out leaving 1t % 1t win read in this way: "Nor shall such liability or obligation be extin- Euisheo except by payment thereof" Ns. Pitts (Dallas)--I would like to ask the gentleman a question.
 The President-Does the gentleman yield.'
 Mr. Jones-Yes sir.
 Mr. Pitts-You propose to leave it. 'nor shall such liability or obligation be extinguished except by payment thereof" l would like to ask this question: Sur pose bond is forfeited. and the Judge has good reason to be- heve that the bond ought to be re- duced. would this prohibit him from re- ducing the bond?
 MT. Jones-I think not.
 MT. Pitts-A bond for the appearance of defendant. and that bond Is for feited, and he has a good excuse, and 1t ought not to be made final for the full amount, does it prohibit the Judge from reducing that bond to less amount?
 Mir. Jones-No sir. it would be merged In ths judgment and the payment of the Judgment would be the extinguish- nent of the claim for the full amount Mf. Pftts-It says No obligation or liability of any person, association or corporation held or owned by this State. or by any county. CT other mu- nicipality thereof. shall Sever be re- mitted. released CT postponed or in any way diminished by the Legislature; nor shall such liability or obligation be ex- tlnguished. except by payment there or: Wouldn't that entirely prohibit it. MP. Jones--No, think not. The claim would be merged in the judg- ment. and the payment of the judg- nent would be settlement of the claim In any Court
 MT. Smith CMobile)-I have no objec- tion to the amendment offered by the gentleman from Wilcox It is perfect iy agreeable; I don't know that am az liberty to accept it personally. There Is nothing between the two fiews that appeals to me at all. One Ioes for me just as well as another.
 MT. Fergusor-If I am in order. I have an amendment which I wish to tffef.
 The President-The subject that the Convention has under consideration Vow Is Section 59. The gentleman may Withhold hig amendment and offer it # a later period.
 M. Ferguson-I will do so.
 MT. Asrrill-The introduction of Sec ioii 55 by the Committee in this Ar lcie IS what l regard as departure rom the policy of the State estao- ished by the laws now in existence. Ina IL Is an encroachment or entry ipon the Legislative powers that has 10 place Tn the Constitution. The ~ode, sections 3753-54, prescribes md creates a Board of Compromise the State whose duty it is to take sharge Of all these claims in favor of the state, and arrange and settle them as to the board seems proper. It gives them almost plenarv power over these matters, and if the State should pos sess the power of compromising it's debt, why not allnw counties and mu- nicipalities the same right and power Why Is il We want 10 go into these matters. Has any evil arisen? I know of none. and I know of no reason wEy the policy of the State should be changed by the in o. D rat on of this ar ticle into the Coustitutinn. 1 there fore move that the section and all amendments to if be laid upon the ta- ble.
 Mr. Oates-I will ask the delegate from Barbour to withhold that motion for a moment. I will yield the floor to him.
 The President-Does the gentleman from Barbour withhold temporarily hlS motion.
 MT. Merrill-Yes. sir.
 MT. Oates-I want to say on behalf ,f the committeee. that some Of the rf
 M- Grant-The gentleman is not In order. the motion is to lay upon the table.
 MT. Oates-It was withdrawn.
 MT. Merrill withdrew the motion Tor inc purpose of giving the chairman If the committee an opportunity:
 Mir. Oates-Some members of the committee seem to have had wider scoue of information than the gentle man from Barbour. and the object and nurnose of this section was in the minds of the committee who repnr:ed {. to put a limitation and restriction ,pon that plenary power which he gays the statute gives the State Board and trose of municipalities and counties because it had coi::e to the knoWledee of some of the members of that com mittee that this plenary power had been abused. and that compromises had been made which were unnecessary and were sacrifices of just demand and demands which have been made avail able to the State, counties and munich paIities and t was an enort on the part of the committee
 MT. Merriil-will you permit an in- ouiry. Under this section as you have 1t. allowing the compromise of doubt full claims, is it not fact that if a compromise is effected on that idea that 1t is a settlement of it and the end of it?
 Mir. Oates-As matter of course. Il Is first a denial to the Legislature tc dispo5e of these claims-"NO obligation or liability of any person. association or corporation held or owned by this State. or by any county or municipal ity thereof. shall ever be remitted, re- leased or postponed or in any way di- nintshed by the Legislature" The Legislature shall not do 1t. nor shall such liability or obligation be extln- gu!shed except hy payment thereof. in- to the proper treasury" I admit that into the proper treasury" are unnec- essary and they may as well be strick- en out; nor shall such liability or oo- lisatIon be exchanged or transferred except upon payment of it's face value provided, that this section shall not prevent the Legislature from providing