The Montgomery advertiser., 1901-08-10

Ashcraft of the Committee on Educa- tion. and several other members, I believe made a minority report of the Committee on Education, opposing that provision or that Section of the report of the Committee upon Education and reported a substitute for it. Now Mir. President and gentlemen of the Con- vention, it seems to me that the time to discuss the merits and demerits of the measure as reported by the Com mittee on Education and the substitute offered by the minority of that Com imittee, is when that Committee is up. It is not necessary that that special tax provision should be considered at the time of the consideration of a Sec tion n the Article upon Taxation on general county taxation. Now for the purpose of having the committees re- port upon taxation completed and or dered to a third reading and en- crossed and with the view if 1t Is taken from the table of Immediately offering this amendment: Strike out Section 5, line 12, all after the word collected" That would eliminate from the Section in the Article on Tax ation everything with reference to the special school tax. For the purpose of making that motion and eliminating it from this Section, adopting this Sec tion and making the Article on Taxa tion complete, l move to take from the table Section of Article II. l un- derstand the Chair has ruled when any thing is lald upon the table it can be taken from the table by a majority vote when that Article is up. There fore 1t will not be necessary to sus- pend the rules.
 The President-The Chair would rule that motion to take from the table is not privileged motion.
 Mir. Browne-It Is not necessary, we contend. MT. President, to move to suspend the rules, because this whole Article is up now, therefore it being up 1t is in order to move to take any Sec ton from the table.
 Mr. Ashcraft-As the Chair has in- 6icated the motion to take from the table Is not privileged question. This Convention has passed rule relating to this particular question which made It special order for particular time, that is rule of this Convention.
 MT. Browne->I made mistake-it would be taken up at the pleasure of the Convention. I move that it be taken from the table,
 The Presldent-The gentleman from Talladega moves to take from the table Section with the amendments, so that the Convention may proceed with its consideration.
 A vote being taken the motion was adopted.
 MT. Browne-I call now, Mr. Presi- dent, for a reading, not of the whole section. but of the amendments to the Section.
 The Secretary read as follows.
 Amendment by MT. Cunningham. strike out in the fifteenth line the fol- lowing Property tax payers who are, and in the sixteenth line the fol. lowing words, ''in numbers and in yalue of taxable proper,y."
 Amendment by MT. Merrill-Strike out on fifteenth line property tax payers who are" substitute by Mir. NIer- Till in line sixteen before the word
 oy the letter "a" and after the word
 majority insert "tWo-thirds." Strike out in line sixteen and seventeen the worus Tn numbers and in value of taxable property"
 MT. Browne-I desire to call atten- ton of the gentlemen of the Convex ton to the fact that all of those amendments relate to the matter that l desire to be stricken out and there Will come upon the report of the Committee on Education in other words if we strike out from the words everything in regard to this special county tax. and those amendments re- late to the special county tax, and therefore these amendments have to be laid upon the table.
 A vote being taken the amendments were laid upon the table.
 MT. BroWne-Now the part of this Article upon county taxation that propose to move to lay upon the table reads as follows:
 Provided. further, that for the main- tenance of public schools any county may levy and collect such special tax as may be authorized. etc."
 From that on down which has to do alone with a special tax for schools, I move to strike that out-all after the words provided further" in the twelfth line to the end of the Section.
 The Secretary read as follows: Amend Section 5. Article XI by strtk- ing out all after the word "collected" in line twelve.
 The President-The question is on the adoption of the amendment offered by the eentleman from Talladega.
 MT. Graham (Talladega)-I simply desire to make a statement with ref erence to the question. County taxa tion for public schools will be consid- cred upon the report of the Committee on Education; the Chairman of the Committee on Taxation and myself had an understanding on that propo- Sition.
 A vote being taken the amendment of the gentleman from Talladega pre- vailed.
 MT. Browne-That lea Ies Section 5 the only remaining section of the re- port of the Committee on Taxation. That is exactly as the section in the present Constitution. except that II eliminates provided. further" that to pay any debt or liability now eX- isting, etc" md after bridges or roads" roads is included, it was not in the other Constitution. Any county may collect" is not in the present Con sttuton. there Is no provision for col lecting a special tax on roads. Neith- CT has a limitation upon the amount of tax that can be levied upon public roads and bridges. In the code there is a statutory limit upon the amount that can be levied upon public build ingS at one-half of one per cent, but no limitation to the amount to be lev jed on roads. Any county in the State of Alabama can, under existing law, levy ten per cent or any per cent il wants under the code for bridges. The Committee thought 1t best to include roads along with bridges for which special tax can be levied and the limit upon the amount of taxation for pub lie buildings. bridges and roads to one quarter ot one per cent, whereas now there is no limit. That is the only change made in that section.
 The President-The question is on of q