The age-herald., 1901-07-20
The Original Limit Fixed by the Legislature Expires
 With Today
NO PAY NO WORK THE MOTTO
Citizens of Birmingham Present Pc. tition Urging Bonds for Public Improvements Be Included In
 Fixing the Limit of Debt.
BY FRANK HARVEY MILLER.

BY FRANK HARVEY MILLER.
 Montgomery. July 19.-(Special) = To- morrow will be the fftieth day of the Constitutional Convention, and the limit of time fixed in the enabling act. The convention, however, not being through it's work will not adjourn. Instead, it passed an ordinance today to continue in session as long as necessary at the same pay. Captain White of Jefferson offered an amendment to provide that the mem bers, after tomorrow, draw no pay, but this proposition was defeated by vote of no to IS.
 The convention reconsidered and reject ed very remarkable piece of legislation 1t had adopted yesterday. This was sec- tion 27 of the legislative article, and pro- vided that the Legislature could abso- lutely not approate more money in any year than the estimated income of the State-this estimate to be furnished the Legislature by the Governor and au- ditor.
 Judge Howze and Judge Coleman pre- sented petitions to the convention from Birmingham citizens asking that in fix ing the debt limit of cities, bonds issued for street Improvements should not be ex- cepted and that an absolute limit be placed on the taxing power of cities
 Three articles were read today for the third time and adopted. These were the articles on local legislation, state and county boundaries and banks and bank ing. This makes five articles completed so far.
 Several sections of the article on legis- latiye department were adopted Section g provides that the Governor, auditor and attorney general shall prepare a general revenue bill to submit to the Legislature for It's action. This is a new provision and Is designed to save the time of the Legislature Most of the other sections adopted were the same as in the old con- stitution.
 Convention Opens.
 The forty-ninth days session of the order at 9:SO o'cclock by President Knox. Roll call showed no members present.
 MT. DeGraffenreid of Hale arose to correct errors In the stenographic report. Several leaves of absence were asked for and granted.
 The committee on journal reported 1t was correct.
 Judge Coleman of Greene then moved reconsideration of section 27 of the article on legislative department This read as follows:
 Section 2 During any regular session of the Legislature the aggregate appro- .I.cn amount the income from the revenues of the State for the current fiscal year. as estimated by the Governor and Auditor.
 Judge Coleman said that under this section the Legislature could not appro- priate any surplus that might be in the treasury. He offered an amendment to allow this and also to allow a new capi- tol to be built if it became necessary.
 Governor Oates, chairman of the con- . mittee, said the section was not suscepti- ble to this construction. That 1t only prevented the Legislature from making appropriations beyond the estimated in- come of each year. Mir Hood asked Governor Oates if the Legislature did ap- propriate an amount exceeding the esti- mated income whether the appropriation would be void Governor Oates said this was judicial question and that he could not answer it.
 MT. Pillans of Mobile said the correct construction of the section was that not one dollar more than the estimated in- come could be appropriated. If surplus should accumulate there would be no way to spend 1t.
 MT. Pettus of Limestone said the legis- lature was the popular assembly and should have the power to spend the money of the State and should be held re- sponsible therefor. The Governor had the veto power and could thus hold excessive appropriations in check. This law we are framing is to be the law for many years and new political parties might arise and we might have Governor of one party and a legislature of another. He moved the previous question.
 Judge Coleman in concluding the debate, said that Governor Oates had one idea in his mind and another in the section He thought the section should be recon sidered. This the convention decided to do. Judge Cobb then moved to amend by striking out the section and amend ments. A point of order was here raised that the further consideration of the sec tion was out of order until the report of this committee was reached in it's regu- lar order The chair sustained this objec- tion, and the roll was then called for the Introduction of ordinances.
 Birmingham Protests.
 Judge Howze introduced a petition and asked that 1t be read Objection was made but the convention decided to hear 1t read This petition was from the Birmingham Real Estate Association, and was in re- lation to the section adopted last week fixing the debt limit to cities of over 6,00( population, except that bonds issued for water works and street improvements were not to be considered. The petition stated that this exception was unwise. That the courts ought to hold that charg- ing all the cost of assessments against abutting property was illegal, and in this yk>vsnt all these bonds issued would be a E&NSarge against the general revenue of the