The Montgomery advertiser., 1901-07-23

| Mir. Oates-I think in the general law | they can regulate that and make pro- vision, in counties where 1t is more expensive, but not by a special local act.
 MT. Jenkins-They can do it by gen. eral law?
 MT. Oates-Yes, no doubt about that. ask that vote be taken on the adop- | tion of the amendment. MT. Malone-I want to ask my same old question: Would this be construed as prohibiting local law on the whis- key question?
 Mir. Oates-oh, no, I do not think it has anything to do with that at all. | IA vote being taken, the amendment was adopted.
 | A further vote being taken-the orig inal Section as amended was adopted. The Secretary read Section 56 as fol- lows:
 Sec. 5s. The Legislature shall not | authorize payment to any person of the salary of a deceased officer beyond the | date of his death.
 MT. Oates-That is entirely new but plain. and entirely proper. I move its | adoption.
 A vote being taken. the Section was | adopted. 'SA l
 The Secretary read Section 57 as fol- lows:
 Sec. 57. The Legislature shall not retire any officer on pay or part pay, | or make any grant to such retiring | officer.
 MT. Oates-It prevents any civil pen- sion list. I move its adoption. A vote being taken, the Section was adopted.
 The Secretary read Section 5s as fol. lows:
 Sec. 5S. Lands belonging to or un- der the control of the State, shall never be donated directly or indirectly, to private corporations or individuals, or railroad companies; nor shall such lands be sold to corporations or asso. citations for d less price than that for which it is subject to sale to individ- uals; provided, that nothing contained in this Section shall prevent the Leg islature from granting right of way, not exceeding 100 feet in width, as a mere easement. to railroads across State lands, and the Legislature shall never dispose of the land covered by said rights of way except subject to said easement.
 Mr. Lowe (Jefferson) offered the fol- lowing amendment: "By inserting on the sixth line thereof, immediately af- ter the word railroad the words 'tele. graph or telephone lines.'
 The President pro tem-The question is on the adoption of the amendment.
 MT. Oates-So far as am concerned I am willing to accept that amend ment.
 A vote being taken, the amendment was adopted.
 Mr. Stamford (Pike)-I have an amendment. "Amend by making one hundred feet read one hundred and fifty feet
 The President pro tem-The question Is on the adoption of the amendment proposed by the gentleman from Pike.
 MT. Samford-I desire simply to state to the Convention that there are cases where in the construction of a railroad on account of the height of an embank- ment or the depth of cut, that more than 100 feet is absolutely required for the cut or the fill. I have known that to be the case in several instances. If you put this clause limiting this to 100 feet, a grant of the State land could never be made in excess of 100 feet, an easement on it, and I make it f00. feet because it Is sometimes absolutely necessary that railroad company in constructing it's line should have more than 100 feet
 MT. Chapman-Can you limit that 15o feet to the special case in your amend ments
 MT. Sanford (Pike)-I don't see how you well could. because 1t says not in excess and they have got a mere ease ment in the property and the property that is not IL. -1 remains the property ot the State anyway.
 MT. Chapman-Wouldn't the railroads always get 15O feet then?
 Mr. Samford-Not necessarily so.
 Mr. Chapman-Not necessarily. but n fan T ways get 150 feet?
 MT. Samford-No; as a matter of fact a railroad company does not want more than is actually necessary for the operation of its road, because 1t requires time and money to keep up the right of way of a road as well as or the roadbed and the law charges them with the duty of keeping up the rlgnt or way as well as the roadbed- not in the same condition, perhaps, but 1t costs something to keep up the right UT way. There are instances in my knowledge where serious complications have arisen with regard to obtaining the right of way on account of the tact that they required actually more than lOO feet in order to dig their cut or to build their embankment I wHl ask unanimous consent to make 1t l2k instead of 150 feet.
 There being no objection the leave was granted.
 MT. o'Neal Gauderdale)-You have amended this section by adding the words telegraph or telephone lines" would it not be proper to grant a right-of-way to telegraph and tele- phone lines as well as to railroads?
 MT. Oates-It is not necessary when it is allowed already in the next.
 MT. O'Neal-Why not grant it tp telephone and telegraph lines. too? My contention is that did not see any jus dlce in excluding one and not the othet.
 The amendment was again read.
 Mr. O'Neal-I misunderstood the amendment offered by the gentleman from Jefferson.
 MT. Oates-That is all right; hate no objection to the settion as amendd.
 MT. Heflin (Chambers)-I move the adoption of the section as amended
 MT. Sollie-I offer this amendment
 The amendment was read as folloFs: "To amend the section as amended by inserting n the fifth line after he word way the words on payment of just compensation therefor.
 MT, Sollie-I simply offer that ameId- ment on this proposition, that I an see no reason why the State of AA- hama should donate to railroad con- panies or other public enterprises la riEht-0f-Way over its lands more thtn indiv drals sAou q. admit the ameni- r ent is in the natgre ot a negative # the orig nal section rather than n amendment Of if If Ia inc Af