The Montgomery advertiser., 1901-07-17

yesterday In annufling the act prv- yidinx for the removal of the court house of Shelby county, on the con tyary. I think in the main that action is correct. on the ground that I con slider 1t against public policy to taxe from a people the right of voice in these matters, but as this Convention has set out to do the fair thing, I be- lieve that they will remove all doubt on the proposition that thev mean in fact and in truth to do what Is fair and proper. Now. Mir. President, in Section 6. as adopted. relative to that Shelby county matter, we have put ourselves in the attftude-of correcting that justice might be done. Let us not ge 90 straight up that we will lean the other way. The proposition refer to Is simply this. there is a provision in Section as reported and as adopted that the court house shall remain al Columbiana until removed by vote of the people under the provisions of an act approved February g. and the act amendatory thereto of February 20. 1899. Now. Mr. President. do not propose to 60 into the motives ot either of the parties to this contest. That has been settled, but I do say. and l say that 1t does not take any very learned lawyer to see and understand the proposition, that it is clearly within the power of the Commissioners of Shelby county to issue their warrants and erect & s5o,0oo court house at Co., lumbiana before the people of Shelby county have a voice in the matter, If they see fit to do SO. I don't mean to charge that they will do thls at all, hut I simply say that it Is clearly within the power of that body to do 1t, and as we have stepped in and said to one side you shall not move this court house until the people have had a voice in the matter, then l say 1t Is only fair to say to the other side that neither shall you erect an ex- psnsive court house at Columbtana un- til the people of Shelby county shall have had a voice by vote of the qualified electors of that county. MT. President, for this reason. and for no other, l ask this Convention to recon- slider that vote, and if that vote is re- considered Twill offer this amendment: Amend Section by adding the follow ing:
 court house shall be erected at Calera or Columbiara unless the question has been submitted to vote of the quail fled electors of Shelby county within the time and under the provisions of an act to provide fer the permanent To- cation of the county seat of Shelby county. approved Fepruary g. 1899. and an act amendatory thereto approved February 20. 1S99."
 MT. Smith (Mobile)-I voted in fa- vor of the report of the committee. ] am satisfied from the investigation made by the committee that in fact and in truth no act of the General As sembly waspassed authorizing the re- moval of this court house, and I am satisfied from the report of that com- mittee, and what I heard in regard to that matter. that 1t was made to ap- pear that there was such an act of re. moval simply by virtue of fraud and therefore, although I was opposed to introducing such matters, which con. sidered largely legislative in the Con- stftution, yet l deemed this to be SC extreme a case as justified us in voting In favor of the report of the commit. tee. have no regrets whatever upor the subject, if had 1t to do ovel again, should certainly vote in fa- vor of that report. But the suggestion now comes that an advantage will bs taken of the delay which We have made in thismatter in the interest of jus tice. and that in the heat of the strug. gle and in the feeling of injustice tha has been done to Columbiana, they will feel justified in taking almost any measure
 Mir. wilson-"Could" be taken. no "wiii' be.
 MT. smith-I am speaking for my. self. There is a feeling that the. would be justified in taking almos any steps in order to prevent th' people who had i'll treated them de lioerately and fraudulently in regard to this matter, and that they would feel Justified in doing 1t unde' the circumstances which exist. whel other circumstances, and, in order t. defeat the people of Calera, should the! have a majority of the county in thei favor, they might go to work and cree expensive buildings and thereby put penalty upon the removal if it shoult happen that the county was in favor o 1t. and that Board would simply shif part of the responsibility from on shoulder to another, to take tn benefits of a fraud which the re port of the committee says wa perpetrated by those interested il Calera. and afford and oppor tunity to those interested in Colum hiana to perpetrate, not to the same ex tent, but a similar fraud. so far as m. view goes, in the same controversy.
 am opposed to giving either of thes parties any undue advantages in thi controversy. and think, therefore, tha now that we have made the delay, nov that We have corrected the fraud tha was perpetrated in the Legislature, w ought to tie the hands of both partie until a vote can be had in the county and the people can say where the! want the court house erected. Tn amendment which the gentleman show ed me this morning seems to be fair and seems to carry out that purpose as it merely restricts the erection 0 buildings at either of these controvert ed points until the matter can be de termined by the people. l am in ia vor of reconsideration for the purpos of considering that amendment, ant when introduced, I shall again vot for the report of the committee.
 Mir. Grant (Calhoun)-I voted for thi proposition from a broader point 0 view than seems to be entertained b, the gentleman from Mobile. want t say to this Convention frankly that i I had supposed that we were here set ting mere court house controvers! between Calera and Columbiana. tha l would have voted against the propo sition to put this thing in the Consti tuition. I voted for the proposition upon the ground that a fraud had beer perpetrated upon the whole State o Alabama. and that the Legislature, tn, highest law-making body of the people