The age-herald., 1901-07-10

Age-Herald Bureau, Clancey's Hotel, Hotel Montgomery, July 9.-(Special)- Governor Jelks has ordered Judge Pel- ham of the Seventh Judicial Circuit to convene the St. Claor Circuit Court in special session for the purpose of giving
 Jim Brown the alleged negro rapist, a
 speedy trial. The court will be convened
 one day this week, probably tomorrow.
 Governor Jelks has for several days
 been desirous of ordering the session of
 the court, but he was unable to locate
 Judge Pelham who was in Virginia
 When the jurst was finally located he
 was advised by telegraph of the Cover
 nor's wishes. and accordingly Judge
 Pelham immediately started on his jour
 ney back to the State. It Is expected
 that he will reach Ashville, the county
 seat of St. Clair county, tomorrow
 Discussing the matter Governor Jelks >~<~~<<-~~~~<<< had made a supplemental report suggest ing the following additional sub-dlvisions' 27. Exemption of property from taxation | or from levy or sale.
 2S Exempting any person from Jury' road or other civil duty.
 29 Laying out, opening, altering or | working roads or highways. 3O Providing for the management or support of any common or private school | incorporating the same or granting sucii | school any privileges.
 l a1 Granting any land owned by or under | control of the State to any person or cor
 poration.
 B. Remitting fines, penalties or forfeit | ures.
 3s. Providing for the conduct of elec- | lions. or designating places of voting, or | changing the boundaries of warssS pre- cincts, or districts, except on the org niza- | ton of new counties tsA
 S4. Restoring the right to vote to per | sons convicted of infamous crimes or lh- | volving moral turpitude.
 | 35 Refunding money legally paid into | the State Treasury.
 MT. O'NeaI Speaks.
 MT. O'Neal, chairman of the committee
 on local legislation, made short histori- l cal review of the growth and provisions | of the constitution. Their first period, he | said contained elaborate bills of rights;
 the second period showed disposition 10
 regard the Legislature as agents and not l as the supreme power, and the third pe-
 riod. which was about the time of the
 civil war; was marked by tendency Of | the people to put limits and checks upon
 themselves This tendency is growing,
 and one evidence of it is to put checks
 upon local legislation of the General As
 sembly The framers of the constitution
 of 1875 thought they had accomplished
 this by a clause in the constitution pro-
 yid.ng that local laws should not be | passed on subjects which could be pro- | vided for by general laws. decision of l the Supreme Court rendered this ineffect- l i've. The best considered of modern con | stitutions elaborate the subjects on which
 the Legislature is prohibited from acting.
 Local, special and private laws are con 1 demned because they consume time, de-
 stroy the harmony of the law and give opportunities for jobs and corruption. He
 illustrated how all local legislation is left entirely to the local member and if he approved it, it's passage was secure. | The local community had no redress, | but to retire the member to private life. l Thus local legislation does not represent the thought and opinion of the whole | assembly.
 | Governor Oates of Montgomery said | that the convention of 1875 knew that prior thereto the evils of local legislation | had developed and 1t endeavored to l check it. He had offered a provision in that convention to this end but the con-
 vention thought 1t was too radical The
 measure they adopted did not prove effic- lent and the evils of local legislation have
 been constantly growing The Legisla- ture before the last enacted forty-eight
 general laws and 949 local laws. The ex-
 pense of passing these local bills cost the
 State from $50 to $10O each As the com
 mittee on local legislation had not
 adopted all of the restrictions proposed
 as to local legislation, his committee had
 made a supplemental report suggesting others.
 MT. Williams of Marengo, by consent, | introduced resolution to extend the
 privileges of the floor to MT. Bernard | Earwood.
 Considering the Section. Subdivisions 1 to z of the section were
 then read and not objected to. Sub-divis- | ion was objected to by MT. Jenkins | of Wilcox who moved to strike it out. He afterwards withdrew his amendment on an explanation from MT. O'Neal. Dr. Cunningham of Jefferson moved to | add to subdivision the following: Pro
 vided, that this section shall not apply
 to the regulation or sale of spirituous or malt liquors" He did not want anything
 in the Constitution which might pro- hibit the establishment of dispensaries. MT. DeGraffenreid said the sale of liquor was not good thing in any black belt town and If the subdivision was passed the Legislature would be pro-
 hibited from making any exceptions for such cities.
 MT. Malone of Henry said the question
 of dispensaries ought to be regulated en-
 tirely locally. Under a general law 1t
 was almost impossible to keep this ques- ton out of politics but under local law it could be. He therefore favored the amendment.
 MT. Wilson of Clarke offered an amendment which provided for striking out all of subdivision nine. He thought it unwise to put this clause in the Con stitution as the debate already showed there was opposition to it and that it's effect was not we'll understood. MT. Dent of Barbour favored MT.
 Wilson's substitute. We can't make a
 suit to fit everybody under all occasions