The Montgomery advertiser., 1901-07-12
MT. Jenkins--1 decline to accept tha,


 is impossible, to amend the general law as 1t goes through the legislature so as to exclude any county from its opera tion and I believe if the people Of any county are overwhelmingly opposed to that law they ought to have the power to exclude that county from it's ope- ration.
 Mir. Dent--I think the amendment which was adopted struck out the word county and it does not apply to coun- ties now.
 strike out towns and cities too. MT. Dent-That has already been stricken.
 MT. Jenkins-Then l am in favor of the section and will withdraw my | amendment.
 Mir. Sanders-I have substitute which I believe will be acceptable to all and which I believe will clear up this muddle.
 The President-The clerk will read the amendment of the delegate from Limestone.
 The amendment was read as follows: No bill introduced as a general law into either house of the General As- sembly shall be so amended as to ex- cept from its provision any individual association. corporation. municipality. county or township. Mir deGraffenreid-I move te lay that on the table. A vote being taken the amendment was tabled.
 Mr. Carmichael-I move to lay the section and all amendments on the | table.
 will allow me to call attention to one provision of law before that is done. The President-Does the gentleman withdraw the motion to table. MT. Carmichael-Yes.@ MT. ONeal-The provision as amend ed Is the same provision found in the present code. That has wise purpose. I call attention to a veto by Governor | Sanford of a bill during the last legis- lature when a bill was passed to the effect that all liquor consumed by the | members of a club should not be re- garded as sold. 1t was held that that | would be regarded as a violation of this section. There was also a veto by | our distinguished friend from Mont | gon cry when he was Governor. where bill was passed providing that card | playing in certain club should not be considered as card-playing in a public place. The veto was on the ground that that was a violation of this sec | tion. So this section hs a broad pur- pose.
 MT. Boone-I ask the gentleman to read Section 23 as it now is in the | Constitution.
 MT. ONeal-I haven't it before me. Will the gentleman please read it? Section g was read as follows: 23. No special or local law shall be enacted for the benefit of individuals | or corporations in cases which are or can be provided for by d general law, or where the relief sought can be given by any court of this State; nor shall the operation of any general law be suspended by the General Assembly for the benefit of any individual. corpora | tion or association. MT. ONeal-Certainly, and on tha very question the Supreme Court says in the case of ex parte City Council of Montgomery in re Knox: | The cities of Mobile, Montgomery and Selma are excepted from the operation of the section of the code which for bids cities. towns or counties. to tax business occupations. etc. Code of 1876, Sec. 499 The exception is not viola - tive of the last clause of the 23rd sec tion of the fourth article of the Con stitutlon. which inhibits the General Assembly from suspending any general | | corporation or association" We do not incline to the opinion, that any other than private corporations are within | the operation of this provision. But ] without expressing any opinion upon that point, we cannot suppose that it was intended to limit the power of the | General Assembly, when enacting gen l eral laws. to except from their opera tion persons or things which would be otherwise included. If so, the excep- tions in the statute of limitations, in favor of the insane, or of infants. or of married women, would be violative Of the Constitution. It is the, suspen- sion. the temporary stopping of exist | ing laws. for the benefit of individuals or corporations, the Constitution for bids. and not the power of the General | Assembly when enacting general laws. to deter mine whether they may be, or may not be. persons or subjects which ought to be excepted from their ope- | ration.
 l Now certainly so delegate in this | Convention wishes to repeal such a provision as this.
 Nobody wishes tie Legislature to suspend the operation of law that is | in existence for the benefit of cor poration, and unless you insert this | provision, you allow the General As sembly to suspend the statutes on the books for the benefit of individuals and corporations In this State, and hence l hope the Convention will vote down the motion to strike this section from the Article.
 Mir. Parker (Cullman)-I move the previous question.
 The President-The question recurs upon the adoption of the section as amended.
 Mir. Reese-I call for the reading of the section.
 MT. Hefiin (Chambers)-I move to lay the section on the table.
 MT. O'Neal-And on that I demand the ayes and noes.
 The call for the ayes and noes was then withdrawn.
 MT. Dent-It seems to me that we have already adopted this section as taking a vote, the gentleman from Colbert moved to table it. which was not heard by the chair. | Mir, O'Neal-He withdrew 1t at my request, to allow me to make some remarks on the subject.
 MT. Watts--I would like to have it read. because I think it is so abso- lutely foolish with those amendments in it. that l want the Convention to hear it.
 The clerk read as follows: The op- eration of no general law shall be sus- pended for the benefit of any individ- ual, corporation, association, nor shall any individual, private corporation, as- sociation, town, city. county or