The Montgomery advertiser., 1901-07-10

great many of those courts is not the same as in other courts and there might be desired changes to be made that would not suit all the cJur.s in this State. They might want to charge the City Court. the County Court or
 what the Judiciary Court will report as to that.
 MT. O'Neal-This is merely a stat ute of limitations, think the gentle man mispnderstands this Section, to regulate the time in which civil and criminal actions may be begun. You can not pass any limitation for any county different from the limitations
 whichtapply to the whole State. 1t has no reference to the regular procedure in court. It is the exact language in which you find in the Code, rssala ting
 the time in which action may be be-
 gun.
 By unanimous consent the amend
 ment offered by MT. Jenkins to Section
 was withdrawn.
 The Clerk then read Subdivision as
 follows:
 Ninth.-Exempting any person. eor-
 poration. county, township, inun:ci- pafity or association from thS operation of any general law. ,' MT. Cunningham-I desire to offer an amendment to that subdivision. The Clerk then read the amendment as follows:
 |, Amend Subdivision 9, Section 1. Arti- cie on Local Legislation. Add at the end of said subdivision the folio ving words: Provided, that this section shall not apply to the regulation cf the same as spirituous, vinous or malt liquors.
 Mr. Cunninsham-It appears 10 .ne
 that prohibits the regulation of
 the sale of spirituous, vinoue,
 and malt liquors, by high H.
 erwise. The general law of the Sfa.e
 provides how whisky. spirituous. vI-
 nous and malt liquors can. be aold. If a community asked for the estaalish-
 nent of a dispeusary. under the p:o-
 vision of this subdivision, it cannot te
 granted. If they ask for h'ga Dcense
 Now, I do not want to oppose leaving
 Now, I do not want tooppose leaving
 this matter with the communities oy
 popular vote, in the event they want
 to pass upon this great question: and
 I am unwilling to allow th. adoption
 of that provision without my hnnb'e
 protest. in the Constitution We arc
 now framing. that will esto2 the Leg
 isiature in the protection and iefor- nation of some of this 2reat evi; l for one believe the comm mites have the right to pass upon these great questions.
 Mir. Sanders-I would like to asx the gentleman if he has read line 8 of his first section. which provides that he General Assembly shall pass general laws for the cases enumerated Ll this section?" There was no atr ,inpt. in reporting this subdivision, on the part of the committee. to interfere xith any dispensary system or llcenae system. whatever in Alabama. I will 5.ats thai
 I, for one, af a firm believer in the atspensary. I believe very much in the importance of that system for the
 small municipalities in cert1in c3un- ] ties in the State: and I certainly would not have consented to any subdivision, | which, in my opinion, would astatE the dispensary system in Alabama. We provided at the foot of tais section that it shall be the duty of the Gen eral Assembly to pass general laws providing for all the matters ,enuuc- rated in this section. In other wor6s l no dispensary now established shall | be affected by this subdivi sion; end | hereafter If any municipality or coan- ! ty desires to establish dispcnsary | system, the Legislature shall provide | a general law by which all persons | who desire to come within that sys-
 tenn, by complying with the require | ments. may be able to do 50. | MT. Cunningham-Suppose the Gen. | eral Assembly fails to do that, what would be the course of the community that may want dispensary or Aigh | license or prohibition? I am not ...sA Gee NA h0 1 don't know exactly what -his 9th provision expresses: but when you au- | thorize a municipality to deal exciu- sively in the sale of spirituous, vinous
 and malt liquors. you are comforting upon that municipality a special prIv- | ilege. There Is no doubt about U. | do not want to submit at this time to | the people of Alabama a great Ques- | tton such as this, without their having an opportunity of realizing the fact | that in the future theyshall have fhe | same privileges as in the past in regu- | lating this question.
 am perfectly willing to yield to the | opiuioi of the distinguished lawyers on I this floor as to what this 9th section
 means; but to the unsophisticated ele- | ment, like myself, 1t strikes me that It 1 knocks in the head all these grslt
 
 | by and allow 1t to be done without pre- | testing. If am wrong in my assump- | tion I don't insist on the amendment; but If I am right I do insist upon 1t; and I say this Convention should not go before the people of Alabama with
 any masked designs upon the moral | reformers of this State.
 Mir. Graffenreid-Whetier you are | right or wrong, the amendment makes | 1t plain.
 Mir. Cunningham-lt occurs to me that it does.
 MT. deGraffenreid-And it cannot do
 any harm if you are wrong. MT Cunningham-In any event it | expresses it pretty plainly and intro duce the amendment for discussion
 with the hope that you will leave this
 thing open so the communities in this
 State can settle this question. Mir O'Neal-You don't think tt.is
 would interfere with a dispensary now | established by law?
 Mir. Cunningham-Certain mt. want to say if the people of this State approve of this as a method of>reform
 ing the liquor traffic, and # Is a good
 one, it should not stop where 1t Is
 now. but should be permitted to ex-
 tend it's beneicent effects over every
 community in the State of AIaouna.
 and the time will come when z would
 be good thingtoapply 1t to :1e mole
 State from the Tennessee River tu inc
 Gulf don't want anything ir the
 Constitution that prohibits any con-
 munity from passing upon this great
 question: and therefore I shau lnst~4