The Montgomery advertiser., 1901-07-11

= '" t,on an exclusive privilege or franchise. and the court based that decision up' , oi,-~
 mt an interruptionf
 The President-ooee the kehHSm~n yieldy
 Mir. Boone--CeFtainiy.
 Mir. ONeai--My recollection IS II prohibited the granting of an "excius. i've franchise. but did not hold that the Legislature could not grant 'spe-
 Mr. Boone-Nc. 1t held 1t could not grant an exclusive franchise.
 Mr. O'Neai-In the slaughter house casse the Supreme Court of Illinois de- eided that a State, unless there was prohibition on the power of the Lesis- lature. could grant municipalities as It did in Illinois. for slaughter houses:
 Mr. Boone-No question about that. The Supreme Court in the case of the Hamilton Gas Light & Coke Company. ils U. g., held that the State could grant an exclusive privilege unless in- hibited by the Constitution. My point is under the Bill of Rights. which we have adopted. there is an express pro- vision which provides that no irrevocs- bic ar exclusive privilege or immunity should be granted by the General As seiahly. and the latter paFt of Section ss of the Bill of Rights provides thst n1 special franchise or grant should be made which the Legislature did not have the power at any time to amend ar revoke Now. MT. President. 1t seems to me that we are going too far to entirely exclude and prohibit the Legislature at any time in the develop ment of this great State. from granting Il privilege subject at all times, to re- | vocation. amendment or repeal by the | Legislature? We cannot tell what the development may be in the State with | in the next fifty years. and what should be done to foster and encourage that development. Now say we can not grant an exclusive privilege even under the old Constitution. and it does l seem to me to be going too far to say you cannot grant any special privilege because 1t might be necessary to grant | for temporary time a special privilege to do a certain thing.
 1 MT. O'Neal-I desire to ask the gen. tIeman a question. I desire to call your attention to the exact language Of the preamble which we have adopted. It says this: What no ex post facto law, or any law, impairing the obligations of contracts, or making any irrevocabie or exclusive grants of special privileges or immunities. shall be nassed by the | General Assembly; and every grant of e franchise. privilege or immunity, shall forever remain subject 10 revoca- ton, alteration or amendment" Now that says making any irrevocable or exclusive grants of special privileges. MT. Boone-Yes.
 MT. o'Neal--It only prohibits the Le. gisiature making a special privilege l t>t Ia A~FAlVGiVAV MT. Boone-"Or"-it is disjunctiveiy stated;
 MT. O'Neal-Granting special privl- | leges that are irrevocable or exclusive, l it does not prevent the Legislature ] from granting a special privilege that is not exclusive or irrevocable.
 MT. Boone-That is what I am rrgu- ing. MT. Kirkland-I rise to a point of | order. The gentleman from Lauderdale rose to ask a question, and instead of asking the question he Is making a speech.
 MT, o'Neai-I am simply calling bis attention to the preamble and asking question.
 MT. Boone-I thought was address ing myself to that very question. III favor of the retention by the General Assembly of the power to grant g special privilege provided 1t was rot irrevocably granted, and royided further, it was not exclusive in it's character.
 The President--Ruling on the point ol order of the gentleman from Dale, the gentleman who Is interrupted Is tho only person who can complain of tlit length of the interrogation,
 Mr. O'Neal-I did not finish my inter rogation.
 Mir. Boone-I hope the gentleman will make his sentences a' brief as possible, as I have only shor time to speak. if he will express then in 4 sentence or two.
 Nr. O'Neal-.We did not prohibit tn, General Assembly from granting th' special privileges. We simply say yot shall not grant special privilege tt one corporation in one locality whicl you do not grant to another.
 MT. Boone-Exactly. l think | un
 derstand the question. I say that i.
 what we ought to allow the Legisla
 ture to retain. l have no patience witl
 the seeming sentiment among delegate in this Convention that the whole wis dom and conscience and common sens' of the State now and in times to comes is embraced here on this floor, anC that we will never at any time here after have in this hall men who hav'
 the interest of the State at heart.
 believe, MT. President, that at all time! we will have men in both branches O
 the General Assembly who are al patriotic, who will have just as rnucl iearning and who will do what the!
 think Is for the best interests of al the people, We cannot tell what tn,
 development Of fifty years will be, %nC 1t may be wise to do a certain thing in a certain county in this State 1t ma. be wise to have a dispensary there c some other thing, and no man can tel In this day and generation what ter years of innovations in the rapiC thought for the good of humanity VII
 bring forth. and so I say that we C' not want 10 put bands upon -he Gen eral Assembly and say that at no tlm' ,I must they do anything to develop th
 State It may be there would he ;
 great railroad to come through n re | or some great business enterprise tha | operated In one or two counties, am
 the General Assembly might say w
 will give you a certain privilege, guard
 inR the interests of the State and tn
 citizens. for a short time. and safe
 guarding 1t in every way so that
 would be highly beneficial to the State but under the report of the Committe anything of that kind will be shu down, and hope the reconsideratio will not be adopted.
 MT. Hefin (Chambers)-I call for tn z previous question on the motion