The Montgomery advertiser., 1901-08-09

or diminish the boundaries or any clty, town or village in this State, but notice of such intended change shall be given by publication in the locality to be af- fected, which notice shall be at least twenty days prior to the introduction into the Legislature of such bill. and the evidence of such notice having been given shall be exhibited to the Legs- lature before such bill shall be passed, and entered upon the Journal of the house in which the bill is introduced"
 Mir. Sanford (Montgomery)-I offer an amendment.
 The President-The gentleman will be recognized in moment.
 MT. Vaughan-There is a section in the old Constitution. which provides that local or special laws be advertised for thirty days before they are intro duced into the Legislature. l thinR that when a bill Is introduced here to increase the boundary lines of city or town that notice ought to be given to the people in the town that is affect- ed by 1t. I do not think representa- tiyes should have power to come here to the Legislature and pass these laws and the first that the people know of 1t in the towns is when it is printed in the paper. think it nothing out right that this section should he in the Con- stitution so as to require bills of this sort to be passed like any other local or special laws should be, and l think inasmuch as this Convention has de- cided to make Legislatures meet every four years instead of every two, Is all the more reason why a notice should be given in cases of this sort. l think the Convention realizes the necessity Of some such provision as this, and l think kac DrONlclOn somewhat similar to this in the article thatAeSe are discussing now. and hope the SonVerfticn will adopt the sec tion.
 MT. ONeal-I would like to discuss the amendment.
 The President pro tem.-The Char recognized the gentleman from Mont <gomery.
 MT. White-l would like 10 have the amendment read.
 The Secretary read the amendment as follows:
 Provided that the question of an- nexation shall be submitted to the qualified electors residing in the terri tory proposed to be annexed at an cleo tion called for the purpose of ascer- taining their will
 The President pro tem.-The Secre- tary will now read the proposition or the gentleman from Dallas for the ben eft of the Convention.
 The Secretary again read the propos- cd section.
 MT. O'Neal-Mr. President. the ob- lection to that section is that it is purely legislative. The Legislature of Alabama has power to du anything that is not prohibited by the Consti- tuition. It is not necessary for us to L IAr-- ttNer l1n Legislature what they shall do. And the other objection to 1t is this: the effect of that is to direct the Legislature to pass local laws in reference to all the town and cities in Alabama. The Leg islature could pass a general law which would cover the whole subject, and it is not necessary to pass general law and local law. The section of the article on local legislation directs how that can be done by advertisement and notice. but l say the article on local legislation already adopted absolutely prohibits legislation of this charac- ter. ut is simply local and special law which that section directs the Legisla- ture to enact. It directs the LeGisla- ture to change the boundary of any town in this State by local law. but the article on local legislation prohibits and requires the Legislature to do 1t by general law, which will apply to every town and city in the State. Now we are asked after we have spent weeks on the subject to take back ward step on the question and open the case on local laws again. This sim ply directs the Legislature to pass laws Tor any town in the State in regard to sfits boundaries. streets or anything else 1t ought not to be allowed. There is nothing to prevent the Legislatsre from passing general laws. In fact the Legis- lature is already ordered by the article on local legislation to pass general laws on this subject which will apply to all towns in the State. We have a law now which prohibits the General As sembly from passing any law, chang ing the laws of any city, amending the charter of any city. This simply au- thoriZes them to do it by special laws I hope the Convention will not adopt section of this character, the effect of which is to break down the safeguard which we have already erected against the evils of local legislation. I there fore move to lay the section and the amendment on the table.
 Mir. Sanford (Montgomery)-There is an error in this. I was to be recog- nized-I was called and fva got up.
 The President pro tem-The Chair will say that the Chair recognized the gentleman from Montgomery, and he did not rise.
 Mir. Sanford-I did not hear you, Mr. President. l want to say this is noth- ing more than to restrict the Legisla- ture from doing it, whether the people wish to be admitted or not into any town or city. l would say it is utterly impossible to do it by a general law for every portion of the territory an- neXed to a city has to be described by meteS and bounds. It is absolutely i'm possible to do it by general laws. How could you enlarge the city of Selma to run to the river and north to the Ma thews factory, and out to d certain place without describing it particular ly. It cannot be done by general laws. How could you say about Montgomery, Sections 14 and lS and then out by Wileys esta blishment to the river?" You cannot do those things by general laws. II is bound to be done by special act. It is impossible for them to do SO You make a general law as to how rities may be enlarged, but how to enlarge them is matter of special en- purpose of showing that it shall be )ubmitted to the people who will be brawn into the city whether they de- Dire to be annexed or not.
 Mir. 'Neal-What would prevent the Legislature from passing a general law Ho the effect that where a city desires Q enlarge its boundaries the Mayor and Board of Aldermen shall describe the