The Montgomery advertiser., 1901-07-13

pending if the Chair has steteo the number of amendments correctly.
 The President pro tem-The Chair IS informed by the Clerk that there are two amendments. therefore the amend ment offered by the gentleman from Mobile is not in order.
 M:. Sentell-I believe the question before the Convention is the amend nent offered by the gentleman from Lauderdale. is it not?
 The President pro tem-That is the question before the House. the substi- ute for the amendment Of the gentle man from Lauderdale.
 Mr. Sentell--I rise to discuss the question. It seems to me that the question of local legislation as viewed in the report of the Committee is not exactly the proper thing. l think it would be very unwise. Ii 1t is the pur- pose to confer upon Commissioner s Courts OF other courts of like jurisdic- ton the power to iegislate. [ think it would be unwise. It seems to me that man from MOntgomry, that is substan- ttally the same as in the present Con- stitution. covers the question. and is all that we need on this hne. Now then, if the purpose of that Is simply to permit Consulis- sioners' Courts and other courts of like jurisdiction to put into effect gen eral laws already passed on the sub- ject. why then 1t might be all right Now we know that under the law as it Is at present in this State. any town may incorporate itself under a general law by making application to the Probate Court, and in many coun- ties any district or section may pro- vida ctn To <yi ,l.., ing proper application to tho Commits sioners' Court, and it seems to me, Mir. President, that all that we want is to have general law that provides for the proper courts to put into effect, this general law whenever 1t Is desirable and 1t seems to me that a general law might be passed that would cover ev- cry Section of local legislation that ie presented Ly this Article. For in- stance. if it is desired to provide a separate school district a general law may provide that the Commissioner Court may lay off separate school dis tricts under Limitations and restric- tions that would be perfectly satlsfac- tory, and the same would be true of every other section or a kind of local legislation that Is prohibited by Leg islature, but I think it would be very unwise and very unsafe if the, purpose of this Section Is to give to Commis- s.oners' Courts power to legisiate, be- cause l do not think they ought to have that power. Now I think the amendment of the gentleman from Montgomery on yesterday evening cov- CTS the subject entirely, and is suffi- cient to give to the courts all the DOW CT that Is necessary, and l shall op- pose the report offered and the sub stitute offered by the Committee, us- ing the words "the power to legislate'' because l think that Is a dangerous power to give to these minor tribunals. Now we know as a matter of fact that many Commissioners Courts are very wise. and are good, conservative men, but 1t often happens that they are the contrary and do not know anything about legislation, and it would create a good deal of disturbance in the cpun- ty and be the cause of a good deal of dissatisfaction if such a thing were adopted.
 Mr. Pettus-I desire to ask the gen. tleman question: He says he does not believe the Commissioners Cou<s ought to legislate. Does he not know that it has been held by the Supreme Court that the Commissioners Courts are quasi legislative bodies, and don't they leBislate in levying taxes. appro- priating money. opening roads and other local questions?
 Mf. Sentell--I do not think that is legislation. They only do these things under the provisions of a general law think is proper.
 Mr. Pettus-T would like to ask the gentleman further in respect if the legislature delegates powers of local legislation as proposed under this substitute would not they come then under the general law to restrict and keep them in proper limits?
 Mir. Sentell-If such were the case 1t would be all right, but I think 1t very unWise to put the word in there to delegate to them the power to legislate.
 President pro tenl-The question is upon the substitute offered by the gen. tleman from Lauderdale. is the Con vention ready for the question?
 MT. deGraffenreid-I would like to hear the reading of the substitute.
 Mr. O'Neal--I ask unanimous consent to add a proviso to the substitute. to be considered as a part of the substi- ute.
 Mr. Bulger-We would like to hear the proviso before we give the consent.
 The Clerk read the proviso as fol- lows: Provided. such courts or tri- bunals shall not be authorized to exer- else such powers of local legislation except during 8 term thereof held ex- clusively for that purpose. and that such term shall not be extended be- yond thirty days and shall not be held more than once in two years, but spe- cial terms of such court for such pur- pose of not more than three days dura- tinn may be authorised to be called at any time by the Judge of Probate when necessary to consider one or more special subjects of local legislation; and provided further that the General As sembly may abolish such courts or oth- CT tribunals, and establish other courts or bodies with like and other powers in lieu thereof. when n the discretion of the General Assembly it may be deemed to be for the best interest of any county"
 Mr. deGraffenreid-I ask that the substitute itself be read.
 The Clerk again read the substitute.
 President pro tem-Unanimous con- sent is asked to add this proviso to the substitute of the gentlemen from Lau- derdale. The Char hears lao objection and the proViso will be added.
 Mr, Oates-I desire to consume a few minutes in opposition to ths proposed substitute. It is in brief, this: Not only to confer upon the legislature power to provide for the doing
 The President pro tem-Tne house will please be in order.
 MT. Oates-In comforting or attempt ing to confer by this substitute power rds nf Vrai Fa