The Montgomery advertiser., 1901-08-20

he report of the committee recognizes he evil of the pass with the members 4 the Legis. s.ature, and even the judi
 -.al officers ol t..e State in tnei' reports Il Is because these vfhcers are in posi- ion to pass upon the rights and privi- .egcs of the railway corporations. Ii
 his is so. then there Is more abun-
 iant reason why an amendment incor-
 porating members of municipal coun-
 els should be adopted. These officers
 nave to pass upon the rights of rail-
 way companies Tn the cities and towns
 n Alabama; they have to regulate their
 use of the streets; they have to grant
 to them franchises down the streets.
 and many other important questions
 come before them affecting railroads. II submit the Corporations Committee
 has left out one of the most impor-
 tant classes of officers. They are in
 she railroads ,and their decisions affect
 more vitally the peoples inter
 est. than do even the acts of the
 Legislature. Now. Mir. President. there are some people who say that no matter how rigid the acts of the Leg tslature on this free pass question, the evil cannot be cured. and that officials will continue to use railroad passes, no matter whether the law forbids 1t or not. If some of the newspapers of the State have even taken this same position. do not deny that there Is truth in the argument. do not deny that whether a severe penalty Is im- posed by the law Or not, there will still be some officials within the prohibition who will continue to violate the law. This same argument, if it be an argu- ment. would apply with equal force to any criminal offense on the statute books. It might as we'll be said that there Is no use in prohibiting gambling by law, because there would still be persons who would gamble; or that there Is no use in prohibiting any other onense which Is conceded to carry evil influences. We know that the criminal laws will be violated. but is that any argument why we should not pass them? Not at all. We can make the carrying of these passes an offense, and 1t being 50 recorded in our statute books. man will not be so quick to &C., cept one, nor will he do so openly or secretly without fleeing like a man who has violated any other criminal stat ute, and has escaped the indictment of grand jury. Now, MT. President, I submit that the amendment offered em- braces a class which ought to be in corporated in this section. and, by of- fering this amendment. desire to say that I have no intention of refiecting upon the municipal officers of any town or city. any more than the Commit tee had when they incorporated members of the Legislature;" but believe that the report has exempted a class who ought not to be omitted. do not think municipal councilmen ought to be admitted if members of the Legis- lature are prohibited from using passes. Members of the Legislature pass upon laws regulating railroads of the State. but municipal councilmen pass upon the rights of railroads within our towns. and they are closer to us, and we feel the influence more. Now, MT. body is to be prohibited from using passes, that municipal council men ought also to be prohibited just as much as any other legislative body, and I do not see any reason why they have been left out of this. move the adoption of the amendment.
 MT. Blackwell-I have an amendment.
 The following amendment was read:
 Amend Section 16 by striking out after the word himself. in line IS. the following words, or another. not a In6mDeT or Cne LeE1SIatuTS, or oItICeT S1- ercising judicial functions"
 MT. Blackwell-Mr. President and Gentlemen of the Conventions: Section IS says that mo railroad or other trans portation company, or corporations, shall grant free passes or sell tickets or passes at a discount other than is sold to the public generally, to any member of the Legislature. or to any officer exercising judicial functions un- der the laws of this State, and any such member or officer receiving any such pass or ticket for himself, or pro- curing the same for another, shall be guilty of a misdemeanof and, upon conviction, shall be fined not exceeding $500, and, at the discretion of the court trying the case, in addition to such fine. may be imprisoned for term not exceeding six months. and. upon con- viction shall be subject to impeach- ment and removal from office."
 That part of the section provides that any man who procures a free pass for himself or another shall be subject to these penalties. Further on in the section. you will notice, in line 16 1t says. And. provided, further. that nothing herein shall prevent member employe of a railroad, or other trans
 portation company or corporation, at the time of his election, from accepting or procuring for himself or another not a member of the Legislature, of an of- ficer exercising judicial functions, free pass. over such railroad or transports
 tion company or corporatiop by which
 he is employed"
 This provides that a man who is a
 bona fide employe of the railroad shall have a free pass. l have no objection to that, If he has earned 1t as an em- ploye of the railroad, but 1t says he may procure a pass for anybody else that he wants to, who Is not a member of the Legislature, or who is not an of acer exercising judicial functions. It denies to anybody who Is not an em- ploye of the raill oad the right to pro- cure for himself or for another a pass. | The man who Is bona tide employe Of the railroad, having pass as a bona hde employe, is entitled to that pass, but there should be no privilege ex- tended to him to grant passes for other people, simply because he is employed by the railroad. if granting passes to men who are not employees of the rall- road will influence their action. Then, as a matter of fact. why should tLe Committee pretend to say 1t is right Tor man who already has a pass over inc railroad and is entitled to ride on it, should have the privilege or ootdlh- | ing passes for others? Simply the right l to b. ing in as many friends as ne wants to. when no one else can do 1t. Deny the right for themselves and for oth- CTS. That is proper, and if man has earned a pass by services before he becomes a judicial officer or member e tha Jaoislattre or anything of the