The Montgomery advertiser., 1901-07-11

The Prestdent-Amend Section by adding inst part after the words mo special" etc.?
 M:. ONeal-Yes, sir.
 Mc. Pe.:us-f desire to ,oner an | amendment. motion this morning. 1t was to sus- nend inc consideration of that matter temporarily 1t was withdrawn by | unanimous consent and 1 now ask l unanimous consent to offer 1t for the | consideration of .he Convention. There being nc objection, 1t was read as follows: | Twenty y-sixth-Creating. increasing or decreasing fees. per centage.or allow | ances of public officers. No special, | private or local law. except law hx- I ing the time of holding courts. shall 1 be enacted in any case, which is pro- vided for by 2 general law, or when | the relief sought can be given by any | court of this State, and the courts and | not the General Assembly shall judge as to whether the ma tier of said law is provided for by a general law and as l tc whether the relief sought can be | given by any court. nor shall the Cell | erai Assembly indirectly enact any such special, private or local law by l the partial repeal of a general law. | eral laws for the cases enumerated in this Secti.n.
 l MT. Pettus--I offer an amendment. | The amendment was read as follows: | Amend Article on local legislation by | striking out from the proposed ordx nance the words "and the courts and not the General Assembly shall judge | as to whether the matter of said law is provided for by general law, and as to whether the relief sought can be given by any court" in lines 33, 34, 3o sS and s7 of subdivision 26." | Mir. Oates---I desire to offer an | amendment to his amendment. To | strike it out, but my amendment shows | what I propose to insert, if this is l stricken out.
 The amendment was read as follows: | By striking out all that portion of said | subdivision after the word state in | line 35. down to and including the word court" in line 37. and inserting | in lieu thereof the following There shall be appointed in each House of the legislature a standing Committee on Local and Private Legislation. the House Committee to consist of nine l Representatives and the Senate Com- mittee of five Senators. No local or l private bill shall be passed by either House, until it shall have been refer | red to such Committee thereof, and shall have been reported back with the recon nendation in writing that 1 1t be passed, stating the reasons there for and why the ends te be accomp | lished cannot be reached by a general law, or by a proceeding in court or if 1 the recommendation of the Committee be that the bill do not pass, then 1t | shalH not pass the House to which 1t is so reported, unless it be voted for by majority of all the members elected thereto.
 MT. Pettus-I am inclined to think that shall oppose the amendment pro- posed by the gentleman from Mont gomery. and favor the amendment as I offered it originally, but l do not know that care to discuss his amend ment at this time and I yield the floor to him, as the question will be on the adoption of his amendment
 Mir. ONeal-I think the adoption of the amendment offered by the gentle man from Limestone, would destroy the chief purpose of this article in preventing local legislation. desire to | call the attention of the Convention to the fact that in the Constitution of 1875. the following provision is to be found.
 8 Ne special or local law shall be enacted for the benefit of individuals or corporations in cases which are or can be provided for by general law, or where the relief sought can be given py any court ot this State; nor shall the operation of any general law
 be suspended by the General Assem-
 bly for the benefit of any individual. corpora atiop or association.
 Now, the effect of the amendment of the gentleman from Limestone is simply to reincorDorate that section of the old Constitution into the article reported by the Committee on Local Legislation.
 Now, what is the objection to that old, section in the old Constitution? It is simply because the courts of Ala bama oecide that whether case can be provided for by a general law or not is a question of legislative discre- ton. Now if you leave 1t as the amendment of the gentleman from Limestone would make it, you say to the General Assembly that 1t Is matter entirely within their discretion us to whether they can provide for a local condition by a general law, and Of course they would always. as they have done in the past, pass local laws, and there would be no remeoy. lt was to overcome that decision of the court that we introduced the provision
 that the courts and not the General Assembly should determine whether the local conditln could be provided for
 by d general law.
 MT Jones (Mont tgomery)-W it
 not be considered that the Constltu- ton had adopted that section in the light or the ruling of the Supreme Court, that that was matter enthe- ly for the legislature?
 MT. ONeal-Why, of course. as my distinguished frienI from Montgomery suggests, if you adopt this provision,
 it would be a recognition that this Con-
 ventIon adopted the decision of the Supreme Court in respect to that sec
 tion, which says to the legislature of Alabama that although the Constitu- ton provides that you shall not pass local laws on & subject it is matter within your discretion, and if we leave it to their discretion it breaks down every barrier which we have enacted against the evils Of local legislation. I therefore. I move to lay both of the amendments on the table. ...
 Mir. Pettus--I ask the gentleman from Lauderda!e to yield the floor to me.
 MT. Neal-CHrtainly, if anyone de- sires to discus it.
 MT. O'Neal-I desire to say q word
 before I yield, however. The amend ment offered by he gentleman from Montgomery might not be objectionable If it Was put in separate place, or as q separate section, but if It is incor- porated as part of this section, 1t will destroy the meaning. If the gentle l . I,a Q