The Montgomery advertiser., 1901-07-13

ann nl8uy QU9ttlou8 01 tB8t Sa1x@seSA that you cannot legislate on now.
 Mr. samford--Wouid not the Gen erai Assembly. in passing general laws for the government of the whole State. with reference to these local matters, of necessity. place 1t in the hands of the courts of county commissioners or other courts as an administrative court rather than as a legislative court?
 MT. Blackwell--I do not care what sort of court you call it, whether administrative or Legislative. and have no objection to the legislature saying the character of subjects they shall take charge of. The legislature has had charge of these subjects and the courts have not exercised them. If they will designate these courts as courts to exercise authority over the subject in the general law. I have no objection. But we have taken it out 0f the hands of the General Assembly and 1 want to locate It in a proper court in the counties and it seems tV me every argument Is in favor of it, the saving Of expense and as to many things now iegislated for in a local way, 1t might be provided that the par ties who obtain the local legislation should pay for it themselves. It may be that the matter is not in proper shape here exactly and that there should be some amendment fixing the number of days the court shall sit and the right of the probate court to call them in special session as the Cover nor has the right to call the legisla- ture. and to fix the term that 1t shall remain in session and suggesting that they shall only pass on what is men, toned in the call. but with these safe guards I think that will be proper frih fA Qtrh
 MT. Howze--I am satisfied the Con- yention is tired of speech-making, but l ask indulgence for few words only on this subject. It seems to me that the original section as reported by the committee is preferable to the substi- tute offered by the gentleman this morning. I was at first inclined to fa- vor the amendment offered by the gen.
 tleman from Greene. Judge Coleman, but upon reflection. do not think 1t advisable for this Convention to adopt the suggestion of that amendment. in other words. I do not think 1t advis- able for the Convention to put the Commissioners Court so completely in | the attitude of a legislature. Now, my view is that many of the things that are enacted into local laws from these different counties are matters and things which can be obtained from the different courts of the State as courts, under the general laws even as they now exist or as they could here after be framed. and that is not necessary for us as a Convention to lay so much stress upon the idea that we want the Commissioners Court to act as the Legislature, so I think 1t would be un- wise for us to place into this Consti- tuition measure of that character
 particularly because many of these
 things that are asked for by the peo-
 pie of the counties should be paid for
 by the counties asking them as indi-
 viduals or as corporations and not be
 tax upon the people of the general
 county. If 1t is obtained in the com
 missioner's court, you can say how
 persons applying for these things
 should be required to pay for them,
 as they apply for thenl, If you put 1t
 in the nature of legislative act, why
 then no county can possibly be called
 upon to pay the expenses of 1t, where
 the individual alone should be required
 to pay. I think the amendment would
 suggest to the commissioners courts
 that they are legislature or
 branch Of the legislature
 and that they are called upon
 to sit for thirty days every two years,
 and there is no necessity for that. Many
 of these things are matters which
 would require but a few moments
 time to pass upon and enact Tae
 present laws of the State provide ann pie time for the sitting of the Com
 misSioners' Courts. not only for the
 things they are called upon to perform,
 but for what they will have to perform
 under this Constitution if adopted. I
 do not think we should dignity the
 Commissioners Courts with the title
 of the Legislature to the extent we
 would go in the amendment tackled on to the substitute, and I do not think the substitute ought to be adopted. be- cause the original section is ample. The original section says:
 Sec. 5. The General Assembly may, by general law, confer upon Courts of County Commissioners, Boards of Rev enue or other courts, such power of To- cal legislation 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 expedi- ent
 I would much prefer that the word
 Legislation" should be stricken out, but 1t may have a good purpose.
 MT. Weatheriy-WLy is 1t that the amendment of the gentleman from nloutBUuuSry Wulcn blNeb the 1eSlblb~ ture 6 free hand to provide for these matters would not be better than the original proposition of the committed?
 MT. Howze-My answer to that is this: 1 think 1t more a matter of ex- pediency than anything else. In this Article we have stricken out many | things that cannot now be added un- 1 der local legislation, and I think the Article as presented here will let the l people see the fact that provision is | plainly set forth by which remedies can be had.
 Mir. Weatherly-Directory merely.
 Mir. Howze-Yes, bat 1t is something that the people can gee and will inform | them that there is some provision by l which they can get relief for what has l been taken away from them. do not | think there is much difference between l the two propositions. One is as good | as the other. But I believe the people 1 of the State when they see this in the | Constitution will see that the Conven- l ton has attempted to put before them | lief for what they may consider them- | selves deprived of by taking away lo- | cal legislation
 MT. Oates-Do you want any further l information to the people than this: | The General Assembly shall itself, un- | der general law. provide how local and | private interests shall be provided for | and protected?"
 MT. Howze-I just answered that | nueStioU yfrtually I think theV can