The Montgomery advertiser., 1901-07-06

section be laid upon the table and he
 did not include in that motion that Il
 should never be taken up again. That
 motion carried. Now the section that
 was laid upon the table was Section D.
 do not care whether you call this
 Section or any other section, put as
 there is no Section and as there Is
 blank between Sections 1 and s, l offer
 this as Section 5. The section that was
 laid upoE the table provided for vote
 of tax for educational purposes by
 the qualified electors who were prop
 erty tax payers, and further provided
 tr must be by majority of the tax
 payers in number and representing a | majority of the property. It provided | further that the fund so created should | be apportioned equitably byS the court
 of County Commissioners and paid to
 all the schools !n the county. This one
 provides that it may be voted for or | against by all the qualified electors of
 the courty-that before taking effect
 1t slall be voted for by three-fifths
 majority of the qualified electors It | provides that the tax. if levied, shall | be by the Commissioners Court appor- | tioned between the schools for white | and those for colored in the county. It
 is entirely and essentially different in | that 1t provides that the Commission CTS shall divide the tax into two funds, one for wbite schools and one for col- | ored schools. There Is no such provi- sion in the other section which was laid on the table. It further provides l Whereas in the other 1t was left to the Commissioners Court to equitably di- l vide 1t between the schools), that after
 this fund shall have been so appor- toned between the two races the amount apportioned to the white schools shall be paid to each of such
 schools within the county in the pro portion that the number of pupils in that school bears to the whole num- Der of pupils in the white schools in the county. and that the amount ap-
 portioned to the colored schools shall be divided among the colored schools in like manner. A further difference Is this: The section laid on the table pro- vlded that to pay any debt or liability
 now existing against any county in-
 cured for the erection. construction
 or maintenance of the necessary pub
 He buildings or bridges, or that may
 hereafter be created for the erection of necessary public buildings or roads, shall not exceed one-fourth of one per cent. as may have been or may here after be authorized by law. While in tbis secticn the worl maintenance" Is put in after the dord erection" The section laid on the table provides but the rate of such special tax shall not increase the rate of taxation in any one year to more than SIPS on every $l00 worth of taxable property for all for all State and county purposes, ex- cludins any special tax for the erec- tion. construction and maintenance of necessary public buildings, bridges and roads" This one says excluding sbe- clai taxes for necessary public build ings, roads and bridges, and the pay ment of debts existing at the ratifica- tion of the Constitution of 1875" These are the essential differences between the two sections and the system is en- tirely different. I would like to state further that I do not know why gen. tlemen object, but the gentleman from Lauderdale (Mr. AshcrafD whose instance the other section was laid upon the table
 MT. Lowe (Jefferson)-I rise to a point of order. A point of order has been made and the gentleman is dis cussing other matters.
 MT. Browne-I was just further ex- blaming, but if gentlemen do not wish to be informed-
 MT. Bulger-How much may be levied under that section for school purposes?
 MT. Lowe Jefferson)-I rise to point of order. The inquiry is not ger mane to the point of order submitted to the chair.
 The President-The gentleman from Tallapoosa is asking the gentleman from Talladega to explain the proposi- tion that he offers now as an additional section, and it seems to the chair 1t would be permissible for him to do so, and for us all to understand what it is to see whether this section offered is the same as the one laid on the table. The point of order is not well taken.
 MT. Browne-Under this amendment, county could levy the difference be- tween one dollar and fifteen cents and one dollar and a quarter, which is ten cents on the s10O, notwithstanding that a county may be levying one-fourth or one-half per cent to pay debts created prior to 1875.
 Mir Bulger-Under that provision, | can any county levy more than one mill?
 MT. Browne-Not unless the Legisla- | ture should levy a lower rate than 65 cents. If the Legislature, at any time in the future, levies less than 65 cents, | the county, by three-fifths vote of the | qualified electors voting at an election | thereon,A can levy the difference be- tween 65 cents and the rate levied by | the Legislature, in addition to the one mill.
 MT. Kirkland-I insist on my point | of order. I want the record read.
 The clerk read the journal of the thirty-fifth day as follows: "Unfin- | ished business.-The Convention pro- ceeded to the consideration of the un- | fished business, which was the consid- | eration of the report of the Committee | on Taxation. The question was upon | the substitute offered by MT. Merrill | for the amendment offered by MT. Gun ningham to Section of Article XI of | the report by the Committee on Taxa | tion. MT. Bulger moved to table Sec | tion 5, and the pending amendments l thereto, to be taken from the table, | and be considered with the report of the Committee on Education. The mo- | ton prevailed. and Section , and pend | ing amendments were laid upon the ta- | ble."
 MT. Kirkland-I do not care for the | reading of Section 5. I think every | member in this Convention knows that this section now offered is simply a | substitute for Section 5.
 MT. Browne-I call for reading of | Section as laid on the table, and I ask the President to read the section now offered and to note the difference.
 Section of the report of the Commit | tee on Taxation was read as follows
 Sec. 5. No county in this State shall | Ia fa of