The age-herald., 1901-08-08
Vote on Proposition Stood 36 to 59 and Another Effort
 VIII be Made Today MUNICIPALITY QUESTION UP
Streets of City Cannot Be Used for Private Enterprises or Pubec Utilities Without conseAt
 of Authorities. W
BY FRANK HARvEYlMILLER.

Montgomery. August 7-(speciaL) )-The convention spent a large part Of the morning session in discyssing a motion to reconsider it's action n abolishing cir cult solicitors and subsufuting county solicitors to be elected by the qualified voters of each county By vote of 63 to 59 It refused to Ieconsider As the section now stands, T Republican coun- ties there will be republican solicitors and MT Pitts of Daljis, black belt Dem- ocrat, declared in a speech today that when the Renublieans were in the ma jority they ought to have a Republican solicitor
 Another effort will be made tomorrow to reconsider ths section although the article has bean completed and ordered engrossed. t5H
 The Morrisettf ordinance, directing the legislature to reduce the amour. of the fertilizer1 1fa Q .tsx to ten cents a ton, and nrov,dIno that the agricultural schools be maintained out of the general fund, was defeafea ty a vote of to 42.
 The conventon then took up the arti- c,a renortad ty the committee on muni- clpal corporatons or Wnlcn MT weak lev of Lander dale Is chairman. This Is q new article ln the constitution and will hiring m sone interesting questions af- Yectjnp thN cities of Alabama, one of which Is a opposition to classify them and giva ca ih class certain powers.
 One of inc sections of this report adop- ted today nrovides that the streets of a city cannot be used for private enterpri- ses ar nubIie utilities without the consent of the muncipai authorltles. Anotner nrohibits tfs legislature from enacting laws whicl,9w will permit a corporation to nay liosnSe tax to the state and re- iieve if fron the payment of all other ucens, faxeS in the state.
 fonvention Opens.
 ,,bs si,sf fth day S session of the Con- sfit1{}i5r5,f convention was called to or def M, Preldent Knox at o'clock. A nraxer wal offered by Rabbi Messing. Ro,j call slowed S1 members present. The couroitfea on judiary reported 1t was cor rect, eA
 MT. Den of Barbour then aSved to re- conaider he vote whereby new section of Inc ar4cie on judiciary @as adopted ,esfer5ax-l This section authorized the Ieriala t,,e to abolish any court except fbS7 suneme Court, whenever it's func- tin3{es f,s1 jurisdiction had been conferred o7,' S,,sr oNer court. He read an amend sraz= V bllh he proposed to offer.
 44are loleman of Greene said the pres .,5+ zert3Sn was too radical and that he 3vaf,I.5 faior the substitute.
 1,idee N alker of Madison favored a re- fonel5eraion as he opposed the section 5 es a.lonFd. Blinking it had gone too far.
 fshe ssction was then reconsidered and Mir Denfs substitute adopted This pro- vided thst the Legislature may abolish any court except the Supreme Court and Prohate 1ourt whenever It's jurisdiction and finn ftions have been conferred upon any otbe, court.
 Mir Defraffenrled of Hale then moved to reconsder the adoption of section 2S which chsngeo the present system or elecfjn1T aplicitors It read as follows:
 s.nrba sohcitor in each county shall be elected ht- the qualified electors therein every fonr years. whose salary shall be fxeS hv Igw7 according to the require tsin asch county. The office of cir c,,jt soIictors shall cease at the ter minafloi of the term of the present in-
 MT I1Ssraffenried spoke in favor of his mofion P reconsider. He did not think Ina affai,s of the State could be managed as vei] y county solicitors as by circuit solieifnr5 In large counties a good country lolicitof might be obtained, but in fine sraller and less populous counties 1t would pc harder to obtain good one. He aaia there were ten or fifteen coun- t;es rAnfsented by Republicans and he did nof S{ ant to see prosecuting officers elecfed II the Republicans
 Long of Walker.
 Mr I,oig of Walker favored reconsid- eratio,1 He said there were many agri- cuIft,ral ipunties where a lawyer could not mako a living, and it would be inn possible 2 find good lawyer for the po- sition. H said this constitution was like an old bsge loaded with 200 tons of rock and its eIemies were trying to overload 1t and sinkat with unpopular amendments. There vgre fifteen counties where a Democratcould not be elected to any of flee and ris section would allow Repub- lican solfitors to be elected. The whole matter slould be left to the Legislature to say wether they shoul abe elected by the peopL or not. The section adopted had not even been Considered by the commit tee. It vas kind of buzzard's egg matched ut In convention without three weeks sttinG. It would mean the cleo tion of a'ot of Incompetent solicitors.
 MT. Grham of Talladega said the speeches on Y this subject demonstrated that alI ne small men in the State were not in ths legal profession. The statement made by me of the speakers that he had not seen a y solicitors on the floor lobby ing sinipl sno8eu mat he was either blind or Ruia not see; that last year the State had dtost s!zo9 on thirteen circuit solicitors nd thls was due to the estab- lishment os county solicitors in many counties x5o paid their fees into the county treaury instead of to the State.
 General Hrrison of Lee said he remem- !. .s,ered the nbssure brought to bear on the conscJt JtitutionA convention or 1875 to change frou, M.he sv lem of county solicitors then ir exist% %,nceh the present system. The Ks action Yesterday, seem ed JS.,ermined M 70 Ap back to this system of co,,stv solid 6o1 He said that in many ec,,.ties a yLaw etent man could not be ctsnEed assisAs would have to be em- Sioxal to mportanthe solicitors in prose c,,t,. 'K of a sofcriminal cases. It was th I 2some peoAor to prosecute, which %s outS amenableS and if the solicitor ' 2rS.S ~ tl3nty he is nb the electors in his co'' ecuting offis going to be vigor- Sou offend peoplr because he is not ftts of DallaA
 hs> said the office of