The Montgomery advertiser., 1901-07-04

tervened, or became involved, no mat ! ter how oppressive the measure may seem. That is the law in Alabama to- | day. Every lawyer on this floor knows that to be the law. and I say identi- cally the same principle should prevail | in this sort of a tax.
 MT. Macdonald-Hasi it ever been de- l cided by the Supreme Court of this State. that the whole cost for such im- provement should be assessed against the abutting property owner? Mir. Ferguson-I have not understood that the amendment in any way pre- poses anything of that sort. If the | gentleman will show me anything in it that proposes anything of that kind, either by the amendment of the gentle man from Lauderdale, or the ordinance | reported by the committee. Twill aban- don any position that have taken in l the premises.
 MT. Macdonald-Have you read the substitute offered by the gentleman | from Lauderdale?
 MT. Ferguson-No; but have heard | 1t read, and I do not understand that | 1t proposes any such thing.
 Mr. Macdonald-If my friends will read it more carefully, he will see MT. Ferguson-As I understand the amendment offered by the gentleman from Lauderdale. it simply proposes to except from the provision of this ordi- nance those debts, and that bonded in- | debtedness. that is already accrued. by reason of the assessment of these dam ages against the abutting property. | Am I correct in that?
 MT. Weakley-You are. MT. Ferguson-That is the way un- derstand it. Now, what I mean to say MT. President, is that the only limita- | ton whatever that I care about in the | bonded indebtedness of a city. is that which will protect the honor of the | city; that which will give 1t credit in the financial world; that which will not burden the citizens of the commu- | nifty. nor burden the property to that | degree where it will amount to a con- l fiscation of property.
 I believe as much in low taxes, MT President, as any man upon this hoor, but as I understand the proposition of the gentleman from Montgomery, and the gentleman from Dale here, tc strike out that part of the amendment offered by the gentleman from Lauder dale. it would have the effect of letting those people owning property in those cities who had not paid their taxes, to get the benefit of those who had al- ready borne its burdens, and If that Is the purpose of 1t, I am opposed to 1t. MT. Cunningham-Will the gentleman permit a question. Does the gentle man hold that assessments made and contracts let under the present Con- stitution will be rendered void by the section of the committees report re- lating to this question?
 MT Ferguson-I am unable to an- swer the gentleman on that.
 MT. Cunningham-In other words, would it go back; would it be retroac- tive?
 MT. Ferguson-I will answer the gen. tleman to this extent: If the money is already paid, why then they are con- cluded by it.
 Mir Cunningham-The point Is this: assessments that have been made and that have not been paid-would they he rendered void, or vitiated by this | proposed provision in the Constitution? My understanding is that 1t could not | be made retroactive.
 MT. Ferguson-Well, I expect under the Constitution of the United States' affecting the obligations Of con tracts that have been entered into. that is, if any man acting unoer the influence Of those contracts naa done any work, why the contract would still hold good. I believe that 10 pc the law of the case.
 I gentleman allow a question, which propound for information. Many Of us do not understand this question very | fully. If this limitation as to bonds to procure the means for street ana sidewalk improvement is stricken out I desire to know whether or not cities like Birmingham, Huntsville, Florence, Montgomery, and other cities or that
 character, would be precluded from the
 Al~t afr 0tc O. walks in the future on account or the
 fact that they would exceed the limi- tation of ' per cent? Would it have
 that effect?
 Now this provision prohibits any city contracting 8 debt in excess Of ' per cent. Now Birmingham already has debt of 15 per cent. Would 1t prohibit
 cities of that kind or would it prohibit
 most of the cities in the State, from continuing the present ssytem of street improvement by assessing IL against
 the property owners?
 Mr. Ferguson-I candidly confess 1 am unable to answer the gentleman in
 that respect. I have not given enough
 consideration or thought to the subject. The President-The time of the gen.
 tleman from Jefferson has expired.
 MT. Lowe (Jefferson)-Mr. President.
 some allusion has been made by one
 of the distinguished gentlemen who
 has preceded me in debate to the fact
 that those who have been connected
 with municipalities in official positions
 were all one way upon the proposition
 that is now presented to this Conven-
 tion. I assume that that will not be
 construed to weaken the force of the
 contention, when it appears to this
 Convention that those who have been
 honored by the people among whom
 they live, by election to the office of
 Mayor, or Councilman, or City Attor-
 ney, and that all of those in fact.
 whose attention has been particularly
 called to these matters, should stand
 as one man upon this proposition, cer-
 tainly ought not to a fair minded man
 prejudice the proposition itself.
 MT. President and gentlemen of the
 Convention, l submit to you that to
 adopt Section 10, as reported by the
 Committee on Taxation, will stop the
 wheels of progress in the city that
 Convention, that Section was prepared
 without consultation with those who
 had in their hands by virtue of the
 suffrage of the people of that commu-
 nity, the welfare and des- tiny of the community. dare say that that provision
 was adopted by the Committee without
 consultation with those who had expert
 and intimate acquaintance and knowl- edge with the methods, and result that are sought to be obtained in that com munity Else they would not have sub-