The Montgomery advertiser., 1901-07-20
lFFlcIll REP0RT 0F TIE PROCEEDINGS OF
 TIE CONSTITUTIONAL CONVENTION OF ALABAMA

in amount the income from the reve- nues of the State.
 MT. Oates-That means limitation suppose they were to exceed in appro- priations the income, in the aggresate. $50, would the court hold that the Till would be void-that the appropriation bin Is void for that reason? Wouldn't they hold that 1t was directory?
 MT. Jones-That might come under the maxim of de minimis non curat lex = the law does not concern itself with trifies. If there were any grave dis crepancy, I think they would iiold 1t void beyond any question
 Mir. Oates-This question need not arouse our apprehensions-
 MT. Jones--I don't want to interrupt the delegate with my questions. but simply rise for information: It says that our Legislature shall not exceed in amount the income from the reve- nues of the State for each of said years respectively, that is four years But suppose when you started out you had a surplus in the Treasury derived say from the year 1901, could the Le- gislature for the next four years ap- propriate the whole amount in the Treasury on the ground that the amount that they started with in 1901 was . part of the revenues of the four years next succeeding.
 MT Oates-The only constru ction. the only reasonable one. that can be placed upon 1t is Q limitation or restriction that they shall not make their appro- priations in the aggregate to exceed the amount-the estima.ed amount of the income. It has nothing to do with the surplus; and if there shall be pnore money than the income--suppose the income would be greater. half as great again, 50 per cent. greater than the amount of the expenses or ordinary ap- organizations, why here is no reason why the Legislature could not dispose of that. It only prevents them from appropriating in ex cess of that amount. There is no other restriction upon it at aIl.
 Mir. Pilians-I think if the distin- guished chairman will read the clause there as reported, or as adopted, he will find there is reason to fear. not only to fear. but to see that the only Interpretation which could be given this clause is that it stands as we have adopted it. that not one dollar could be appropriated exceeding the estimate of the income for the succeed ing fc .< years. Now let us take figures. Let us suppose that the income an-
  g, ,5O0. .000, estimated by these said off, cers. Then for the four years $io.00o. 600 would represent the full amount that could be appropriated. Suppose 1t is declared in the terms of the section that $10. .00O, 900 would represent the full amount that could be appropriated and let us suppose that the States reve- nues during that four years were $780, 900 or $100.000, we will say. more each year than had been anticipated. At the end of the four years you would have beyond any question $408, 900 of surplus earned by thrift which had been the result of this clause. and the action of this clause. by which the State of Ala bama would have a sinking fund, or whatever you might choose. to call it. should have wealth or money salted down to the amount of $400. 900.
 Mir. Oates-Would that be interfering with the provision that it should not appropriate in excess of the income? If there were an excess in the income over the appropriations made, why couldn't they appropriate it?
 MT. Pillans-I was coming to that. My distinguished friend. the Chairman of the Committee. contends that you could appropriate that but what I am addressing myself to is that the clause do WIIltcl, pIGNCAlS uOllk tudl, dho I will ask your attention to it. Now have stated a s~se where the officers have been moderate in their estimate, and have put an estimate of 2,500, ,000 as the propable amount of income to be subject to appropriation, and in four years that would be ten million dol lars, and if they receive during the four years from taxation and the other sources of revenue four hundred thou sand in excess of the ten million dol lars. you have got that as I express 1t. salted down, just as every thrifty man has an income and a surplus. Ev cry man that saves ten dollars a year, has got his income, and has the sur plus which he has saved when he bal ances his books, be he a merchant or professional man. That becomes his surplus or a part of his wealth and is no longer income. There comes anoth- CT session of the legislature which Is to make appropriations for another four years. and the members of this board. who are to furnish the figures to the legislature declare that their estimate is that the amount which can be safely estimated as the revenue of the State for that four years is two million six hundred thousand dollars per annum. and that gives the right to the legislature to go the extent of $10,- 400, ,000 for that four years, and not one dime or penny beyond 1t. Because you cannot say that the $40o, ,000 sur plus from the last four years is within the terms of the estimate of income for another four years. Any one can see that you cannot claim that it is income. any more than you can claim a man who had a surplus last year Is going to make a surplus next year in the prosecution of any particular bus mess. Now you have got $400.00 to the good. and your officers come in and they are bound to act conscientiously, and they cannot untruthfully certify to the legislature that the income will be what they expect to come in, in ad dition to what has already been saved If they are truthful. honorable men, such as are usually elected to office in Alabama they will not do that, but they will say that the taxes are so much the licenses are so much. and other sources of revenue are so much, which makes us believe that the in- come for the next four years will be so many dollars. Now that does not touch the surplus 1t all It does not relate to surplus does 1t? No more than any man would consider his surplus as a part of his income for the ensuing year If it is stated to you fairly and hon. estly as these gentlemen will do, no man who makes an estimate of his in come for next year is going to, for in stance. to give it into the tax gather CT. the amount which would include his savings for the preceding year. or the preceding twenty years of lasaori-