The Montgomery advertiser., 1901-08-11


 mansa question. If understand the 1Aneuaxe, eighty acres of land" there : 1t has been held by the Supreme Court that it is not . limitation and that the legislature can add as much more ae they please, hasn't itf
 Mir. Howxe-Yes, sir.
 Amen6ment to Section 2 by Mr. Nntts was read as follows.
 Add to Section of the report of the Cuxnmittee on Exemptions the follow lne: ~Provided that the legislature 1nell provide for the disposition of the homestead in the event of the insan- iky of the wife or husband"
 Mr.. MuFphree--I have an amend me President--The Chair will in- osxfrp. of the gentleman from Pike if his amendment relates to the amend m<nt offered py the gentleman from Montgomery.
 Mir. Murpnree--No, sir.
 Mr. Coleman tGreene)-I desire to read to this Convention one section of the Democratic platform. section 0: That the provisions of the present Constitution relating to exemptions of real and personal property shall re- main unchanged" That. was written that way purpoeely, In order that the people might be quieted on the suo- ject of exemptions, and it was adopt ed unanimously. We have stood by the platform thus far and I protest neainst breaking 1t this time. move to lay the amendment on the table.
 Mr. watts--I request the gentleman rom Greene to withdraw that motion for . moment.
 Mr. Coieman--I will withdraw 1t if you will allow me part of your time 1n which to renew it.
 Mr. watts--f don't think this amend ment Is open to the objection made by che Gentleman from Greene. The plat form: when it spoke about changing the exemptions, referred necessarily 10 The amount of the exemption and the waiver of exemption. but 1t did not re- fer to putting 1t within the power or the wife or the husband If mfsfor- tune should visit the family in the ehape of insanity. to enable them to dispose of their property. and the Con yention will readily recognize. at least those who are lawyers. that great difiiculty has arisen as to the disposi- lion of hornesteads where the wife IS insane. and that although the legisla- lure has attempted by an act to rem edy if if is the opinion of a large num- her of lawyers with whom have talk "a over that matter, that that act IS unconstitutional. and should the WIZ unfortunately become insane, that there could be no disposition Of the homestead, no matter what the desirc may be and think this convention ought to adopt the amendment ana +hat if Is not a violation of the Dem- ocratic platform. yield to the gem fleman from Greene.
 Mr Coleman (Greene)-The gentle xnan's argument Of itself refutes his oronositior,. What is the necessity Of Sevisiatins if it is not a change In the law? But. Mir President it is impos- sibIe to conceive of a case of Insanity that the courts of this country are not competent to deal with: ,, The President-The Chair VIII call 4he attention of the gentleman from cyaene to the fact that the Chair rec ornized the gentleman from Jenefson, The Chairman of the Committee. Mr ,C.oleman-I arose simply because he promised to give me d part or ms Mr. Howze-I merely want to add a ssw words 10 what the gentleman from Greene has said. Not only was 1t put in the Democratic platform, but the leeislative enactment calling this Con- stitution has a provision ot similar character in 1t. Undoubtedly many people voting for this Convention were influenced by that provision. l read that: That if such Convention De called, 1t shall not incorporate in any Constitution 1t may adopt any clause or matter making any change in the present exemption laws of this State" It is even broader than the platform on which most of us were elected, and this committee were of course gov erned by that as we'll as by the plat form. We regarded it as being a change If we change anything in 1t.
 Mir. Oates-Don't you think that the exemption law as it stands is very in complete and Is Inequa' to the bere- flciaries under it and that 1t could be greatly improved but for that plank in the platform
 MT. Howxe-I think there are cer- tainly changes that could be made, ,.
 Mir. Oates-Beneficial? F
 Mir. Howze-Benehcial;- but we were governed by those two declarations and the committee thought 1t right and proper that they should make no change and consequently have report ed this article in this shape. there fore move to lay the amendment on the table. ..... 'f-
 Upon a vote being taken a division was called for and the motion to table prevailed by @ ayes and F noes
 Amendment by Mir. Murphree was read as follows: Strike out eighty acres and insert shall be one hundred and sixty acres and no more.'"
 MT. Murphree-Notwiths andinE the Tact that the exemption law of 1875 says that eighty acres shall be exempt. yet it has been construed that the Legislature may allow eighty acres ad- nftfonal, which would make one hun- dred and sixty acres in all. We ought ko use such language in the Constitu- fion as is definite and cannot be changed by the Legislature as to the amount of the exemption. Therefore I think this ought to be incorporated into the Constitution so that 1t will not leave 1t to the Legislature to cH8Yke dt at any time they see proper. If they can add eighty acres, they could aGd one hundred and sixty or five hun dred' acres and 1t seems to me some definite figure ought to be placed fl, the Constitution.
 Mir. Howze-There is no doubt merit 3n the gentleman's amendment. but we are controlled by the same principle and I therefore move that it be Iaid upon the table.
 Upon vote being taken to table the Amendment prevailed.
 Mir. Howze-I move the adoption of the section now. -
 Upon q vote being taken the section was adopted.
 Section was read as follows: