The Montgomery advertiser., 1901-07-16

In making this report. MT. Presioeht, We concede to the majority the hiRhest and purest motives in undertaking 10 put this section into the Constitution, and We are satisfied that they are doing what they believe is the proper thing to do under the circumstances and we trust that no less will on ac- credited to the minority. MT. Fresi- dent. We concede that this Convention has the power to put this in the con stitution. For the present this con vention has all power so far as law IS concerned. we have the power to create and annihilate the laws of this state as suit our will. We have the power if we so desire to wipe out of existence many counties of this State and create new ones in their stead. we have the power to impose great burdens upon the people of this State. and we have the power to relieve these burdens IS we see proper. Yes, there is no doubt but what we have the power. but, MT. President and gentlemen of the Con vention. there is a power that is greater than this Convention. that power which brought this Convention into existence and the power which can in one day wipe out all that this Convention can do in months. That power is the peo- pie, and I say the people of this State did not send the members Of this Con- vention here to do just such as we will do when we put this article into the Constitution. MT. President and gentlemen. this Is local matter. There is no question but what it Is a local controversy in Shelby county. That fact Is proven by the many men who are here from Shelby county advocating both sides of this cause. l doubt not but what every member upon this moor has been approached by one or more citizens of Shelby county advocating one or the other side of this contro- versy. Each side has charges to make against the other, crimination and re- crimination against the other side in this thing. Now, Mir. President. we say that this is not a proper matter to go into the Constitution. It is no part of the business of this Constitution to settle local controversies, and whenever we undertake to do 1t, we detract that much from the force. the duty and completion of the Constitution. Now we were sent here to make Consti- tuition, and as I eaid, not to settle To- cal controversies, but the opposite side claim that because as they say fraud was practiced in passing this bill through the house, why then we are justified in taking up this matter and settling 1t in the Constitution. Mir. President, I hold that the question of fraud does not give us the authority and the right. If fraud was practiced in the passage of that bill the courts of this country are the proper forum before which to make the fight. and the courts of this country arr the proper
 o,.A IaA1 tyS valid the act. and they also have the right to go before the future Legisla- lures of this State, and If the Legisla ture desires it can at any time repeal that act. But. MT. President, was there fraud committed? The minority of this committee are compelled to say that In their judgment fraud has not been proven. It is fact that the proof of fraud consists mainly in negative testimony. They infer fraud because nobody could be found who had any distinct and independent recollection of proof of fraud, because as one of the members of the Legislature and as having been an eye witness, and a partaker in the last work of this past Legislature l wish to say aud those who are present will bear me out in that, that 1 have often seen not more than two dozen members upon this floor at night sessions, and they were passing local bills at the rate of one every two or three minutes and mo- body giving any attention except the man who happened to call up the bill and the man who was doing the read ing.
 MT. Thompson Bibb)-May ask a question?
 The President-will the gentleman consent to be interrupted for the pur- pose of being interrogated?
 MT. Sentell-Yes. sir.
 MT. Thompson--I desire to ask If you did not vote in the committee room for the resolution adopted by the com mittee reciting that it was the sense of that committee that the people of Shelby county should have relief Did you not vote for that resolution upon its passage?
 MT. Sentell-I wish to state that shat took place In the committee room is not proper matter to be discussed on this floor, but in answer to the gen. tleman I will say that he did not state properly the resolution that was before the committee. MT. President, as 1 said before. I have seen not more than two dozen members upon this floor
 
 bills, when they were going through al the rate of one bill every two or three minutes. and even those members who were present raeidng newspapers discussing other matters and giving no attention to the voting. The clerk would call the roll with one swift long call, and you could not distinguish one name from another. and nobody answered aye yea, yes or no, not a man voted, and yet the journal shows a quorum voted in favor or against these bills. An, MT President tell me that man could remember that a bill passed under those circumstances would be proof that it was fraudulently gotter through! I heard a member on this floor say during one of the last days of the Legislature that he could pass bill through the House putting the Probate Judge of his county in the penitentiary and nobody would know 1t until 1t went to the Governors office for his signature. That was a deplor- able state of affairs, l will concede, but it is a fact. nevertheless. Now. Mir President, as I said before. fraud is not proven, in my judgment, in this case. Now I have no interest in this affair; I know but few people in Shel- by County, and those that I do know are my friends. I have no reason fol retaining the court house at Co!um- biana, or having it removed to Calera am opposed to this Convention taking up this local matter and consuming Sl, ,000 day of the peoples money 1T trying to settle this question, when Il ought never to have come into this Convention. There is another fact, ol