The Montgomery advertiser., 1901-08-08
sas time of the consideration of u

purports to be an amendment to the Article on Taxation. it would not be in order as an amendment to the re- port of the Committee on Municipal Corporations.
 Mr. Macdonald-I will offer it then. as an amendment to this particular section. as an amendment to the amendment offered by MT. Brooks.
 The President-The gentleman might offer a new amendment but the pres ent amendment, in its present shape would not be in order.
 MT. Macdonald-May inquire of the Chair when it would be in order?
 The President-The Convention might postpone further consideration of any proposition. but when it came up for consideration. it would be question of whether it is in order. and whether it is germane or relevant.
 Mir. Macdonald-I merely make the inquiry in view of the formal order of this Convention setting this matter down as a special order to be heard upon the report of the Committee on Municipal Corporations.
 The Presidential is perfectly proper xrtbT the gentleman should call 1t up fTfof consideration now, and when he si calls it up for consideration. the y Chair would be forced to rule that 1t is not proper and germane to anything the report of the Committee on Munt- cipal Corporations has brought to the attention of the house. because 1t pur- ports to be an amendment to the Ar ticle on Taxation.
 MT. Macdonald-Then offer 1t as an amendment to the amendment pro posed by the gentleman from Mobile.
 MT. O'Neal Gauderdale)-I make the point that it is not germane.
 MT, weakley-I am authorized on the part of the Committee to accept the amendment offered by the gentleman from Mobile and ask unanimous con- sent to accept it.
 The consent was given.
 The President-The Chair will recog- nize the gentleman from Montgomery to offer any amendment he desires 10 this section.
 Mir. Macdonald-Now I offer that amendment which has just been sent up as an amendment to that section.
 MT. weakley-I make the point of order that the amendment is not ger mane to any proposition before the house.
 MT. Macdonald-I call the attention of the Chair to the fact that the latter mart of this section says: This section shall not apply to the renewal. refund- inp or re-issuance of bonds lawfully issued. nor prevent the issuance or bonds in cases where the same nave been authorized by laws enacted prior to the ratification of this Constitution, nor shall this section apply 10 oohsa- tions incurred or bonds to De lssueu to nrocure means to pay for street ana s,dewalk improvements or sanitary or storm water sewers. the cost oh which is to be assessed against the property abutting said Improvements oy drained by such sanitary or Slorh' water sewers. AL.
 The President-The ruling Of the Chair was based more on the 10TH III which the gentleman placed his amenu- iu ment than on it's substance. upon ils face it purports to be an amehoiiien' to the article on Taxation.
 MT Macdonald-An error into wnlcn was led by the Convention itself at fhe time 1t was presented.
 MT Roone-I rise to point or oruer . +bot the amendment was laid upon tne fahle and cannot be considered uhless If is taken from the table.
 The Presidential seems 10 the Chair that it appears from .ne endorsement on the back that tha ordinance was tabled and could not ha considered until taken from the ta-
 MT. Macdonald-Then I move to take +hot narticular ordinance from the table. e -> MT OpNeal Gauderdale)-It is of fered for what purpose? MT. Macdonald-For consideratioh now. make the amendment germane bv leaving out the caption ana move to amend this section hereT
 MT Macdonald-I offer this amend snent to this section.
 The amendment was read as follows:
 Amendment to Section 7-
 "Amend by adding thereto the fol- lowing:
 "No city. town or other municipal ity shall make any assessment Tor the cost of sidewalk or street paving. or for the cost of the construction of any sewers, against property abuttlns on such street or sidewalk so paved. or drained by such sewers. in excess of the actual increased value of such property by reason of such sidewalk or street paving. or by the construc- tion of such sewers. And the burden of proving such increased value of said property shall be on the city. town or other municipality in all proceedings brought to enforce the collection or such assessments. And such assess ments shall in no case exceed per 
 said property"
 Mir Boone-I rise to a point of order This section of the report of the Com vnittee on Municipal Corpora uons deals exclusively with the subject of the is euance of bonds by cities. towns and villages in this State. and. dealing with that, there is nothing in that par ticular section about sidewalks and improvements except in the way of is suing bonds for the purpose. Now this amendment deals with the limitation upon the power of the city to make an assessment m ahuttng property own CTS and shifts the burden of proof upon the city of proving the increased value to the property of the owner. hence claim that it is not germane to the section under consideration.
 The President-The authorities seem uniform that the question of the con sistency or inconsistency of amend ments Is a question for the Convention to decide. and where an amendment is offered which involves a question that has been previously passed upon by the Convention, the authorities seem to be uniform that that question can not be again renewed except through the medium of motion to reconsider. but the mere fact that an amendment may not be fully consistent or seem altogether compatible with the matter before the Convention. the authorities all seem to hold that it is not a 0ues-