The Montgomery advertiser., 1901-07-10

anv general law, except in the particu- lnr matters. which this Constitution points out in other parts of 1t can be done. In other words the whole mat ter will be considered inpari materia, and make 1t harmonize as one whole, and not make 1t operate in the manner which the gentleman has suggested.
 Mr. Smith (Mobile)-I would like to ask the gentleman if his experience in the law justifies him in feeling such a great confidence in his prophecy as to what the Supreme Court will decide in the next thirty or forty years. and l will further ask the gentleman whether or not he considers it wise to put con- flicting provisions in the Constitution because he knows what the Supreme Court will do in untangiing them.
 Mr. watts-I will answer both of the questions. Judge Rice on one occasion when he was asked whether or not courts were presumed to know the law said that they. were. but sometimes 1t was a very violent presumption. There fore, I cannot say what the courts will decide. except believe that they will decide what is right.
 As to the other proposition, I do not think this at all conflicts in the man-' ner in which the gentleman contends.
 It Is a well known fact, Mir. Presi- dent, that in a General Assembly. there are frequently introduced laws which are intended to be of general opera ton, and immediately there is jump ing up here and there throughout the House of Representatives, or the Sem ate, as the case may be. and there is an exception of this county or that. or xhe other county from the operation of the general law. and the result is that no man. be he as old as Methusalah or as wise as Solomon. can ever tell what the law is in any particular part of the State. unless he has made q particular study of it.
 MT. Pillns-Your sixth section de- clares what a local law is does 1t not?
 Mir. Watts-Yes. sir.
 Mir. Pillans-Can that not be so fram- cd as to make 1t perfectly plain, that if a law is passed which calls itself general law, but contains the exception of some part of the State. that 1t will fall within the inhibition as local law.
 MT. Watts-I have no doubt that some amendment of this question can be made which will be satisfactory to this Convention.
 MT. Pilans-And reach that difficult ty?
 MT. watts-Yes, sir. We have plenty of illustrations of the operation of this particular ninth subdivision. We have got Q general law on our statute books now, preventing the relieving of mi nors of the disabilities of homage; we have got a general law providing for the organization of different kinds of corporations; we have got g. general law providing for the corporation of cities and towns; we used to have a general law to relieve married women of the disabilities of covsture, and we have general law in reference to di- vorce and alimeny. The object of this . provision is for the legislature to make some general provision which applies to the whole State in reference to par ticular matters and net to have the acts of the legislature covered with laws affecting Montgomery County. or Mobile County. or Lee County and the various other counties of the State. We have got two other provisions in here, where we say that the General Assem- ply shall pass a general law covering the matters which we have prevented them making the subjects of local leg fslation. and then further in Section of this report. we provide. that the General Assembly may, by general law. confer upon the courts of county com missioners. Boards of Revenue or oth- CT courts. such power of local legisla- ton and administration touching all matters and things not provided for by general law, and not inconsistent with the provisions of this Constitution, as the General Assembly may from time to time deem expedient. That means that the legislature may pass general law by which they may provide for all such subjects as they cannot cover by a general law, such as the provision of my friend from Jefferson in relation to liquor. They can provide that the courts of county commissioners or the board of revenue in the respective counties. or some other court, shall have the right to determine in their particu- lar community, what shall prevail, To- cal optjon or otherwise.
 Now we, are not striking at the dis pensary. and we are not striking at the sale of liquor. any more than we are striking at anything else, but all of you know that about one-half of the time of the General Assembly for twen- ty-five years past has been taken up in passing local laws of some sort, kind or character, and a great deal of the valuable time of the State of Alabama has been expended in determining whether or not liquor should be sold within two or three miles of the Black Jack Stop on Jim Jones's plantation, or some other such foOliShneSS.
 Now the intention of this Convention, we took 1t. when the Committee on Lo- cal Legislation was appointed, was to put some safeguard around this mat ter which would prevent waste of the peoples money. If you are going to strike down this subdivision, and If you are going to say that the legisla- ture may still continue to except from the operation of the general law, any locality. any individual, any corpora tion or any association, why then what is the use of having a Committee on Local Legislation at all. Why not turn the doors wide open and tell them to go ahead as they have done in the past, making the general laws about the size of Websters spelling book, and the local laws about twenty times their size. As shown the other day by my distinguished friend from Montgomery, Governor Oates. when he exhibited the general laws, you saw they were about as thick as my finger while the local laws were about six inches thick. The object of this Committee is to break down this practice of passing local laws and wasting the peoples money and to direct the legislature to something that is important to the whole State anstead of providing some measure to please some particular locality.
 Mr. Fitts-I move the previous ques- tion upon the subdivision and both of the amendments.
 MT. Wilson (Clarke)-I hope the gen. tleman will withdraw the motion as 1
 4a unanimous oancant Aa