The Montgomery advertiser., 1901-07-12

ina simple way, and make 1t the duty of the Legislature to pass these laws. Now the amendment offered by the delegate from Dallas, my recollection Is, from the reading of 1t, the General Assembly may do 1t. think 1t Is bet ter to employ the word "shall'' though in statute where the public are in terested, the word may" is consid- cred as meaning "shall." But 1t Is bet ter to use the word, which is intended to be employed, the Legislature shall pass general laws, under which local and private interests shall be provided for and abrogated. That language Is simple and plain, and 1t occurred to me that 1t was decidedly the best. It was better than any speculative lan- guage. It cannot be misconstrued, but 1t gives all the authority to the Leg islature that you can give sunder any thing, and it is better a long ways than when you undertake to give a supposedly larger Jurisdiction by a specification of what they may do. It Is stated in so many words here. and 1t is to be presumed that the Legis- lature and especially the Judiciary Committee of the two houses, which would have this work to do, putting 1t in that plain and unmistakable lan- guase. would carry out the provision, and if you risk the Legislature, as think you certainly can, you cannot employ more proper and palmer .lan- guage.
 Mir. o'Neal-I ask the Clerk to read the amendment offered by the gentle man from Dallas.
 Ar. vaughn-I desire to withdraw the time that there was a minority re- port. and that Section 25 and Article ". of the present Constitution Is prac- tically the same as my amendment, and l will withdraw my substitute.
 The President-The Chair does not understand that there is a minority re- port. The Chair will explain that the proposition offered is by the Eegisianivo Committee, which IS being considered in connee- tlon with the report of the Com
 nittee on Local Legislation, and while IL Is not a minority report, 1t sub- serves the same purpose, It ia offered as substitute. MT. Vaugn-That being the case. I ask consent to withdraw my substi- ute.
 There being no objection, the substi- ! ute was withdrawn.
 MT. O'Neal-The reasons that ac-
 tuated the committee in suggesting this section, was doubt as to whether the
 Legislature. in the absence of a consti- tive powers in the Commissioner Courts. or any other court of like ju- risdiction. Now. the gentleman from Montgomery says thet Section 25 of the present Constitution covers the same purpose. We have offered as an amendment to our report Section 25 of the Constitution of 1875 as Section [. This section provides that the General Assembly shall pass general laws under which local and private interests shall be provided for and protected. That does not confer upon any other trib- unal legislative power. Now, 1t is the general principle of the law, which the delegates in this Convention will rec ognize, that the Legislature cannot vest in any other tribunal it's legisla- tive powers. It cannot delegate it's legislative powers. On this subject,
 MT. Cooley, in his work on Constitu- | tional Limitations, says: "One of the settled maxims in constitutional law is that power conferred upon the Legis- lature to make laws cannot be dele gated by that department to any other | body or authority. Where the sover- eign power of the State has located the authority. there 1t remains, and by constitutional agency alone laws must be made to remain until the Constitu- tion itself is changed. The power to whose judgment, wisdom and patriot | ism this high prerogative has been en- trusted, cannot relieve itself of the re- sponsibility by choosing agencies upon
 which the power shall be devolved. | Nor can t substitute the judgment, 1 wisdom and patriotism of any other l body for those to which alone .the peo- pie have seen fit to eonfide this sov- ereign trust"
 Now we are not welded to the Con-
 missioners' Courts, or any other court. All that we desire Is to confer upon the Legislature power to delegate certain legislative authority to another tribu- nal, that in their wisdom may be nec- essary to be created in that county.
 MT. Oates--I would like to ask, as suppose If the Convention authorizes this delegation of power, 1t would stand, but it Is a dangerous thing. and I am doubtful whether they can do 1t or not I will ask the delegate from Lauderdale if he and dozen more able lawyers, could take up this Con stitution and frame general laws by which all of these things could be pro- yided for before the Courts of County Commissioners alone? Some things are proper to be referred to them. Some other things to be provided for might be done by other courts. Could you not frame general laws under which everything could be accomplished?
 Mir. O'Neal--I agree with the gentle man from Montgomery that the Legis- lature could frame laws under which almost everything can be provided TOT. Now. the section which has already been adopted, expressly requires the Legislature to provide general laws to embrace all the subjects as to which they are prohibited from enacting spe- cial laws. They are required by the mandate of this article, which has been adopted, to pass general laws on all these enumerated subjects, and they are required to pass general laws on all other subjects, but we can see no im- propriety for the Legislature to vest in the Commissioners Courts power to change a mans name. power to change the names of a corporation; powers, IT necessary, to relieve the disabilities or homage, or the power to locate stock districts.
 MT. Oates-I want to ask the delegate if the law does not now vest the Fro bate Judge, for instance, with the pow CT of doing several of those thingsT
 MT. O'Neal-We do not say the Com missioners' Court in the section. but Commissioners Courts. Boards of Rev enue or otter courts. They could vest if then. under this, in the Probate Court. in the Circuit Court or In any other court. We simply wanted to put . nrovision in here that In all these small matters of detail in the county If i+ vas ascertained that a general law