The Montgomery advertiser., 1901-07-20

&4c1tlVu 4U8+ N8 .OeL0re. Ar- ONeAi-The legislature canhos meet to correct the evil under the pres edy7 ,s- Mir. Riiians-AAs a matter of course that is the old case of a man making ten dollars and spending eleven. II there are excessive appropriations not withstanding all the pains we take 10 prevent 1t. and these appropriatlohs ere in excess of the revenue, the state Is simply in the position it has occu- pied before. of having to borrow mon ey to carry on the government, and 1T the State should be getting too greatly in debt. I assume the Governor of the State would call the legislature in spe- cisl session and take measures to pro- vide against the deficit growing too large.
 But that does not affect the question under consideration. The question un- der consideration is how are we going to give the legislature the power to spend the money that they raise, If they should raise it in excess Of the amount that Is appropriated upon the estimate of thef Governor.
 Mr. Pettus-The object with which the gentleman from Greene moves recQnsideration of this question is sof1esshat in line with the idea l had wheD Il proposed a substitute to the amendment offered by the gentleman from Wilcox on yesterday. I offered that substitute to authorize the legis- lature to dispose of the revenues that would accrue as estimated, before the next General Assembly met and would not limit them absolutely, as the pres ent section does to the income and revenues for the year in which the appropriations were made. But think even that would have been one of the most dangerous sections that could have been adopted by this Convention. The legislature is a public assembly, the lower House is the body in which all measures and bills for the raising Of revenue should originate and 1t is body which should have the untram- meled power to disburse the revenue of the State as they see it and I think the undivided responsibility for their action should rest upon the legislature and should not be upon the Governor except sin sb far as he may abuse his power, or may fail to use his power to veto measures which, in his opinion, are bad. The Governor is the execu- tive arm of the State government, and do not think that he should have the right himself. or in conjunction with the Auditor. to place an absolute in- hibftion upon the power of the people in the popular branch of the govern ment. the General Assembly. l do not think it is either right or wise, or ex- pedient to so concentrate the power of the State government in the hands of any one man. It might be thought that at some time there should be man in the Executive office of the State, whose interest 1t would be to under estimate the revenues of the State for the next four years. and submit that if that be true. and the revenues are latWe will not only be prohibited from appropriating what might accrue, but the General Assembly would be pro- hibited from appropriating for any purpose the surplus that would accrue for four years, except for the year in which it accrues. Then there is another danger which 1t seems to me should be taken into consideration. The presumption is that the organic law which we are now framing Is to be the Constitution for the State of Alabama for the next twenty or thirty or forty years. and in the course of that time different po- litical parties might arise in the State of Alabama. and 1t may be possible that in. the future we shall be con- fronted with the condition of having Governor of one political party and a General Assembly of another political party, and I submit that if such a con- dition should arise that the Governor of the State would have in his hand a dangerous power, that it would be within his power, under political con- ditions like that, to prevent the Legis- lature, and to prohibit the Legislature, from taking such action as in its wis., dom it might deem best. MT. Presi- dent, favor the reconsideration of this section for the purpose either bf strik- ing out the part which autho Fizes the Governor and Auditor to mak the es- innate. and leave it to the Ge ieral As sembly as a purely legislative function to estimate the income, and to limit their appropriation to the estimates they themselves may make, O. of laying this section altogether upon she table. and I move the previous que ition upon the motion to reconsider.
 Upon a vote being taken, the main question was ordered.
 MT. Coleman (Greene)-The last dele gate who addressed you has gone over the question that was so fully discussed on yesterday and settled by this Con vention not to trammel the Legislature in the appropriation of revenues. but to restrict them within the limits of the revenue. That was indicated very clearly by the vote on yesterday, and think that is q very sound provision. The trouble of my friend. the distin guished chairman of the committee, proceeds. I think, from the fact that be has got one idea in his mind, and there is another in the law. l have called the attention of delegates to the reading of the law. and I venture to assert there are not three lawyers in this Convention who will agree with him upon the legal construction of this section. He confounds income with es- timated income. If anything can be clear it is that the Legislature cannot make appropriations exceeding the es- the argument of the delegate from Mo bile, which has not been answered le- gally, and cannot be answered. When you adopt this section as amended the Legislature will have authority not they arise, respectively each year, but any surplus that may accumulate in the treasury, and the purpose of the section is to prevent the Legislature from making appropriations beyond the revenues of the State. and any money that may be accumulated in the treasury. That is all have to say. The previous question has been ordered.
 The President-The question Is upon the motion to reconsider the vote whereby this Convention adopted Sec ton 27.
 TTDon vote heinz taken. the motion