The Montgomery advertiser., 1901-08-08

' section to prohibit them from talkin9 those licenses away from the cityz
 MT. Weatherly-Certainly. but l say te goes further than that.
 MT. Boone-Does 1t prevent the state ievying a license tax and distributing 1t under an equalization schemef
 MT. Weatherly-I think 1t does. think 1t would prevent the Lesislatnrs from passing a uniform law of that character. That is the very thing that section prohibits. and 1t is too broad. 1 will vote for a section which VIII simply impose the duty upon these inu- inequalities of paying privilege taxes and so regulating that 1t will be done equitably. but I am opposed to the sec<, ton as it stands. It is too broad. be- cause 1t prohibits the State, in caeo public policy should require that ae should take into its hands the duty Of and we ought not to pass the section in the language in which 1t is framed.
 Mir. Beddow-I call for the previous question on the section.
 The main question was ordered.
 The President-The question Is on the adoption of the section as reported by the Committee.
 Upon a vote being taken Section . was adopted.
 MT. Foster-I voted for the section for the purpose of moving to recd4 slider tomorrow, and I make that mo. tion now.
 MT. waddell here took the chair.
 Section was read as follows:
 section 2. No county. city. town village. district or other political sub division of county shall have author. ity or be authorized by the General Assembly after the ratification of this C4 such issue of bonds shall have first been approved by majority vote by ballot of the qualified voters of such county city, town. village, district or other political subdivision of a county, voting upon such proposition. In dee termining the result of any election held for this purpose. no vote shall be county as an affirmative vote, which does not show. on its face that such vote was cast in approval of such is- sue of bonds. This section shall nos apply to the renewal. refunding or rec issuance of bonds lawfully issued, nor prevent the issuance of bonds in cases where the same have been authorised by laws enacted prior to the ratifica- ton of this Constitution, nor shall this section apply to obligations incurred or bonds to be issued to procure means to pay for street and sidewalk inc provement. or sanitary or storm water sewers. the cost of which is to be as- sessed against the property abutting said Improvements or drained by such sanitary or storm water sewers. MT. Brooks-I have an amendment.
 The amendment was read as follows: Amend Section : by inserting after the word assessed" in the thirteenth line thereof. the following words: In whole or in part"
 MT. Brooks-That Is in line with the language employed in the Article on Taxation on the same subject With out that amendment 1t would require that the amount of obligations incur red bv issuance of bonds must be for the assessment of the whole of the abutting property. Now the propost- tion is that where the assessment Is against the property in whole or iu part. they shall have the right to tn~ cur these obligations.
 MT. Macdonald--On the fifth of last month. when the report of the Com mittee on Taxation was before the Convention 1 proposed an amendment to the article reported by that Com- mittee and that particular amendment was laid on the table and ordered printed. and it was the order of the Convention that 1t was to be consid- cred when Report No. 1S on Municipal Corporations was considered. That amendment to the report of the Corn- mittee on Taxation is germane to this particular portion of the report of the Committee on Municipal Corporations.
 and therefore 1t seems to me 1t should be taken up now. I will read this amendment and the Chair will see that
 1t is germane at this particular mo- ment:
 Amend article reported by the Com mittee on Taxation by adding the fol- lowing as an additional section No. II; Sec. Il. No city, town or other mu- nicipality, shall make any assessment for the cost of sidewalk or street pav- ing. or for the cost of the construction of any sewers. against property abut- ting on such street or sidewalk so
 paved, or drained by such sewers. in excess of the actual increased value Of such property by reason of such 7'd>~ walk or street paving, or by the con
 struction of such sewers. And the burden of proving such increased vt ae | of said property shall be on the ctty- town or other municipality in all pre- ceedings brought to enforce the coilee | ton of such assessments. And suc1 assessments shall in no case exceed 6 per cent of the assessed value Of said property"
 l MT, ONeal 0S not embrace grading in that do your MT Macdonald-No, sir; sidewalk and street paving includes grading. | Now. as I say MT. President, that
 matter is germane right here. MT. Brooks was incorrect in saying that in the article proposed by the Committee on Taxation. municipalities were given
 the power to assess the whole of such cost on abutting property. but the ex-
 pression in that report was Tin whole l or in part"
 chair.
 Mir. Brooks-The gentleman misun- derstood me. said this amendment
 was in line with the action taken by the Committee in that report. MT. Macdonald-Yes. sir. Now l would ask the Convention to pay par" ttcular attention to what I say- MT. O'Neal Oauderdale)-Do you of- fer that as an amendment? MT. Macdonald-No. sir: I offer 1t in the way 1t was offered before as an
 amendment to the report of the Com
 mittee on Taxation. and the order or 1 the Convention was that 1t should pc | considered at this time. l am speak ing of the proposition that was order | ed by the Convention on the fifth day | of July to be taken up and considered
 along with the report of the Commit | tee on Municipal Corporations and called the attention of the then occu- pant of the Chair this morning to the | fact -
 MT. O'Neal Gauderdale)-I rise to