The Montgomery advertiser., 1901-08-31

passenger and freight depots. correct ing abuses, preventing unjust discrtm- ination and extortion and reoufring reasonable and just rate Of freight ana passenger tariffs. are hereby conferreo upon the Legislature, whose dutV p shall be to pass laws from time 10 time regulating freight and passenger tariffs, to prohibit unjust discrimlna- ton on the various railroars. canals and rivers of the State and to prohioi. the charging of other than just ana reasonable rates, and enforce the same by adequate penalties
 243 No railroad or other transporta- ton company or corpora ion shall grant free passes or sell tickets or passes at a discount, other than as sold to tne public generally, to any member or the Legislature, or to any officer exercislng judicial functions under the laws ot this State: and any such memper or officer receiving such pass or ticket for himself or procuring the same TOT another shall be guilty of misde- meanor, and upon conviction shall he fined not exceeding five hundred dol lars and at the discretion Of the court trying the case. in addition to such me. may be imprisoned for term not ex- ceeding six months. and upon convic-
  and removal from office. The courts having jurisdiction shall give this law specially in charge to the grand juries. and when the evidence is sufficient to authorize an indictment. the grand fury must present a true bill. Any county into or through which such member or officer is transported by the use of such prohibited pass or ticket, shall have Jurisdiction of the case, provided, only one prosecution shall be had for the same offense; and provided further, that the trial and Judgment for one offense shall not bar a prosecution for another cSsense. when the same pass or ticket is used; and providedl further. that nothing herein shall prevent a member of the Lesisla- turs who is a bona fide employe ct railroad or other transportation com- pany or corporation at the time of his election. from accepting or procuring for himself or another. not a member of the Legislature or officer exercising judicial functions. free pass over tl.e railroad or other transportation com- pany or corporation by which he Is employed.
 244. No railroad company shall give or pay any rebate. or bonus in the nature thereof, directly or indirectly or do any act to mislead or deceive the public as to the real rates charged or received for freights or passage; and any such payments shall he illegal | and void. and these prohibitions shall be enforced by suitable penalties. 245. No railroad, canal or transpor- | tation company in existence at the time | of the ratification of this Constitution shall have the benefit of any future legislation by general or special laws | other than in the execution of trust created by law or by contract, except ! on condition of complete aoaeptance of all the provisions of this article. The President resumed the chair. MT. Eyster-The Convention has heen | laboriously at work. and I move we now adojurn.
 There were expressions of dissent. Mfr. Pillans-I move as substitute that We remain in session until eight o'clock
 The President--A substitute Is not in order.
 l Mir. Pillans-Is 1t not in order to amend a motion to fix the hour of ad- journment.
 The President-It is not a motion to | fix the hour of adjournment. but Is a motion to adjourn.
 I was called for. and by vote of 3S ayes and 54 noes the Convention re- fused to adjourn.
 MT. Kyle--I offer an amendment.
 MT. Long (Walker)-I move we do now adjourn.
 The President-The gentleman from | Etowah has the floor. and the Chair cannot recognize the gentleman from | Walker.
 The amendment was read as follows Amend Section 226. page 6s. by adding after the word municipal on the elev- enth line. the words except the city of Gadsden.'
 Mir Kyle-The object of this is the city of Gadsden procured authority from the Legislature to issue one hun- dred thousand dollars of bonds. it all ready having authority to issue one hundred thousand dollars of bonds making two hundred thousand dollars indebtedness on an assessed valuation of not exceeding six hundred thousad which is largely in excess of the in debtedness permitted under the pro. visions of this Constitution. Thi: amendment is to prohibit the issuance of the bonds which have already au. thorized by law, insofar as that citS Is concerned.
 MT. deGraffenreid-Wou not oul purpose be affected by simply addins and Gadsden?"
 MT .Kyle-The chairman of the com mittee. AIT. Weakley. says that | would not, and it is at his suggestion that I offer the amendment.
 Upon a vote being taken the amend. ment was adopted.
 MT. Long (Walkerl-We have worked hard all day. and I move we do now adjourn.
 Upon a vote being taken adivisioI
 was called for, and by vote of 8 ayes and Al noes. the Convention re fused to adjourn.
 MT. White-I have an amendment.
 The amendment was read as follows
 Amend Section 231 by adding afte
 the word take in line 12 the following
 Any foreign corporation doing busi
 ness in this State may be sued by thu
 resident citizens of this State in an. county in which it does business whether the cause of action sued o arose in this State or beyond the limit thereof.
 MT. White-Mr. President, thi amendment was not authorized by tn Committee or made at the direction o the Committee. but I will state that is fact now. that a foreign corpora tion doing business in Alabama can not be sued by a citizen of Alabam if the cause of action arose out of th
 State of Alabama. In other words
 passenger may take a train at Mont gomery. buy his ticket in Montgomer to Atlanta. and aSBoon as he crosses tn Georgia line. get hurt by that trair and though he lived in Montgomery