The Montgomery advertiser., 1901-07-14

seat for such county shall be s4bmit- ted to and determined by said electors; and. provided. that no new county shall be created or formed of less ex- tent than five hundred square miles, and which does not contain sufh- cient number of inhabitants to entitle 1t to one representative under the ratio of representation existing at the time of its creation and leave the county or counties from which 1t is taken with the required number of inhabitants en- titling such county or counties to sep arate representation, or which shall re- duce any old county below five hun dred square miles.
 MF. Cobb-I rise to . parliamentary inquiry. The action of the Convention just had utterly destroys this section {. If you pass section there will be an irreconcilable conflict between what you have done and what is proposed to be done-what are you going to do about it?
 The Presi6ent-The Chair is not go- ing to do anything except such motions as may be made to the Convention.
 MT. Cobb-Then move to lay section { on the table.
 The President-The Secretary is not through reading the section yet.
 The minority report was read as fol- lows:
 MINORITY REPORT.
 The undersigned member of the Committee on State and County Beun- daries does not concur in the report of the Committee as to Sections 2, and l. and he offers as substitute therefor the following:
 Section 3. The boundaries of the sev- eral counties of this State as hereto fora established by law, are hereby ratified and confirmed. The General Assembly may by . vote of two-thirds of both Houses thereof arrange and designate boundaries or the several counties of this State, which bound aries Hhau not be altered. except by like vote: but no new counties shall be hereafter formed of less extent than six hundred square miles and no exist ing county shall be reduced to less than six hundred square miles: and no new county shall be formed which does not contain . sufficient number of in- habitants to entitle 1t to one represen- tative under the ratio of representation existing at the time of its formation. and leave the county or counties from which 1t is taken with the required number of inhabitants entitling such county or counties to separate repre- sentation.
 Respectfully submitted,
 Milo Moody,
 c. H. Miller.
 Mfr. Cobb-If you will allow mo just a moment I will explain the situation.
 The President-Does the gentleman withdraw his motion to table?
 Mr. Cebb-For the present.
 The President-A motion to table Is not debatable. The gentleman applies the gag himself.
 MT. Cobb-I will take 1t all back, and withdraw 1t. That is if I make con- tract with the Chair to be recognized.
 MT. Sanford (Mantgemery)-I ask as a matter of inquiry. for information, can I now offer . substitute to Section of the report of the committee?
 The President-The Chair will state for the information of the gentleman from Montgomery that the gentleman gentleman can get him of the floor, and get in his amendment. before he moves to table, he will have & chance.
 Mir. Sanford-what do you say to 1t?
 MT. Cobb-Put it in there and I'll see, will let him put 1t in.
 The substitute was read as follows:
 "Substitute to Section of the report of the Committee on State and County Boundaries
 The President-The Chair will state to the gentleman from Montgomery that there is already pending sunsu- tute for Section {. and to be In order the gentleman will have to shape ms substitute so as to be a substitute TOT the pending substitute and the article.
 MT. Sanford--I will put It 'n that manner.
 The reading of the substitute was continued:
 "substitute to Section of the report of the committee. and the pending sub stituts by the minority Committee on state and County Boundaries, Seotisn 4. The General Assembly shall nave bower to create new counties. provioeu that no county shall contain within its limits less than four hundred square nnilea or a less number of inhabitants than would entitle 1t to one repre- sentative, according to the ratio of rep | resentation existing at the time or its creation; and provided further, that no county from which any territory may be taken shall be reduced tc an area of less than four hundred square miles, nor shall the population CT such county be so diminished as to take away from it all of its representatives"
 MT. Sanford sought recognition.
 MT. Cobb-I only yielded for the read " Mr sanford-I have offered that, Mfr. | PreSident--
 MT, Cobb-There is pint" of order. |
 Mir. Sanford-If I have the floor l would like to give the reasons Tor or ferlng 1t. for the readinS-
 MT. sanfOrd-Yes. I offered 1t. MT. President-
 Mir Cobb-Go on.
 MT. Sanford CMontgomery)-Because while the 4th section from a general l reading of 1t intimates that 1t faVoFs | the formation of new counties. 1t Is ae- soluteIy impracticable under that sec- lion to form a new county. There seems | to be an impression that the people I have a right to vote upon new coun- ties. It is a thing unheard Of in the | history of Alabama. Alabamas first county was formed in 1890. before Ala bama and Mississippi were ceded by Georgia to the United States. The county of Washington was formed. It's proHriety, its limits, its purposes were never submitted to a vote of the peo- plye, nor was there any county sub mitted to the people for their appro- ba tion from that time down to the present in the history of Alabama In 1s19 there were twenty-seven counties. Not one of them was ever submitted l. to a vote of the people In 1921 Pick ems county was formed. In 1924 Walk CT county was formed, and thus many were formed until in 1882 nine counties ,,-o.o Rorr,ad not 0ua of which WaA ever |