The Montgomery advertiser., 1901-07-11

ssrreatfnx. tncfHaslnn Sf NeczoasfEB fees. perceatrRe CT aiivw9ncsz te pub no p1icefs. be rnade wubdfvision 26. The Pressdsnt--Does the gentleman ask unanimous consent to wfrrdf1w temporarily the balance Of the subdi-
 vision ss it is prtnseds MT. ONeal--Yes. Sir.
 To which no uhJectfUn was made and
 upon a vote beinx taken suburvfsfon 70
 was thereupon adopted.
 Subdivision ? was read as roiows.
 .'Exemption of property from tsxstion
 or from levy or sale"
 Mr. DEvfs (Estowsh)I offer an
 amendment. which wfli be reparate
 The Prrsiaent-It Is nut fin order at
 this time.
 MT. Pflans-I ask to amend that
 subdivision by making ii rad exempt- ing property. ffrstead Uf exemption 'm
 property,
 The President-The Chair cannot en-
 certain amendments that are not Tn
 writing, because ft would he inpOssi-
 bic to keep the Journal straight. The amendment was prepared and
 read as follows: Amend subdivision
 2T by striking out exemption or 1nu inserting texemptinE.'
 Mir. watts-I move it's adoption. Upon a vote being taken the amend
 lnent was adopted. and upon a further vote the subdivision was amended as adopted
 subdivision 2s wss read rs follows: "Exempting any person from Jury,
 road or other civil duty" Tire being no amendments or oe-
 jections offered. subdivision 2s was .ovtn0 ntff an-
 ing. altering. or working roads or high ways"
 Mr. Dent-I send up an amendment. The amendment was read as follows:
 Amend subdivision zs Article I, by
 adding at the end Of the subdivision the following words: "Provided, that
 this subdivision shall not affect coun-
 ties which already have special laws on the subject of public rcads.' Mir Oates-I am satisfied that amendment is wholly unnecessary. This only prohibits the legislature, af- ter its ratification. from doing these l things. It does not have the affect of I repeaiing any existing law. and 1t don't I follow that tho legislature must do 1t, and therefore there is no necessity for 1 th amendment.
 l Mir Dent--If that construction is put l upon it, I withdraw the amendment. MT. Haprison--I would like to inquire I Of the Chairman of the Committee.
 what necessity exists in the opiulon of
 the Committee. for including this sub | division in the law?
 l Mr. O,Neal-The Chairman of the
 Committee on Legislative Departnrent
 inserted that. and he will answer the l lnterrogatory.
 MT. Oates--In the opinion Of two Committees of this house. 1t wss l thought well to pat IL there, simply i to prevent local iegisiaki0n. makins special provisions in 1ocaf lasvs, for the laying out, opening aftertug or work ing roads or highways. th was to pre- vent. the legislature from Qasstpg Jaws
 operating differently an dtffereut iO- \ ca1ities. as there is no necessity for it Mir. Harrison-I asked the gentleman
 a question. ana fesire to say that do not think the explanation shows a I sufficient necessity for the incorppra- \ ton of this provision. The question oi improving the public nuatis is n live one in this State. ana some counties have made great progress in this d. 1 rection. l do not want to inteEfeRe 1 with it. and hope to see the day wher other counties will move forward ,ir | this direction. Situated as we are 1 with a diversity of climate. and diver
 sity of soil. from Tennessee to the Gulf 1 apprehend 1t will be very difficult tc adopt any provision that would be SD. l plicable to all of the counties in this
 State. So far as my republication goes the past history of legislaNion upon this subject has shswn that 1t has giver very little trouble, and 1 can see vers l little necessity for this Inhibition | Where counties desire to improve -tiat l road system. they should have the .op. i portani to have a diff&rent Jaw. be- cause a general law could not be ffstm' | ed to fit the different counties in tht
 State. and wIll be eonstERinaa to volt l against the incorporation of this pro | vision in the Article.
 | Mr. Waadell-4 would ask Ahe gentle
 man if the power could not be confer.
 red upon each of the courts of county commissioners. tn the different ooun- questions. as they saw pr0per. by <
 general law?
 Mr. HarrisoR--So 1t Inight. but
 doubt very much the propassty of mak. ing Legislature cut ot the average
 commissioners court,
 I MT. Carmichael kColberta-J desire ts
 say to this Convention in reference tl
 this provision. that 1t seems like CT
 extreme proposition. It pnohibits tRt
 passing of 8 law laying out, opaning
 altering. or working reeds or hish.
 ways" l am one Of those who do mol believe that the evils of local legisla- tion are as extFtme as ssoins of tht
 members of the Convention have assert
 cd. There are some matters fhat ought to be left open for local legislation
 One subdivision has been adopted here
 that in my opinion is unwise. and that
 is on the question of locating oou1ty
 seats. l think this entire question is | dangerous. and especially this eubdi- I vision. There are many counties in the State which have different systems oi l keeping up their public roads. dn Cal 1 berL County Me have. as this Conven- | ton knows contracted a large indabt- 1 edness Tor turnpikes. Our condition is
 such that we might need special leeis-
 lation in order to keep up these roads l l suppose there are other counties In a l like condition. For that reason it seems | to me uK%jse for this Convention to
 let ii remain and hope that they will
 strike it out.
 Mir. Oates-I have given briefly the reasons that influenced two coEamit- l tees to recommend this provision. and l l have no disposition to consume any more time on 1t. I move the plavioua 1 question. If the gentleman do moi 1 want it they can vote against it. 1 MT. Weatberly--I hope that the gen. pspap will withdraw the motion q moment.
 Mr. Oates-I will withdraw it. Mr. Weatherly--This question l MT. President. is of much mort l importance than the delegates