The Montgomery advertiser., 1901-09-01

Bentleu1an knows that nobo1f Xt@ when they natured they mt<h< r M G the old iron and cross t1ea ana tS1L them for junk.
 Now then as said. the eharter1 1n6S< extend beyond the period of tne m<< turity of the bonds or the bonds VIII not sell. If you issue twenty te4t bonds. the franchise ought to ex<4u4 sufficient period beyond that lime (1 enable the bond holder to obtain 0| bond which will be of some va1uo hS<
 yond the maturity of the bond So far as the conditions h 6tiP c8f1 city are concerneds afthouxH tI1e He1a-
 tleman who has spoken fs tie City Att
 torney. and presume is advIeinx t1o city officials in regard to that l14<faf
 he is nevertheless fnfstaken A4s t1 tte
 question pending. Ii fs true fh<fx &xe
 three franchises there which 414fte ak osition to consolidate the several fSxiisS of bonds on those three properties into one issue of consolidated mortRaee
 bonds. I am quite certain that one franchise is perpetual; another expires in something like twenty-fsve yearo and the other In thirty-seven yeara4 Now, in order to take in the several in- sues of bonds upon these several en~
 terprfses there Is an effort to m1l<A
 4 future period of maturity so that the,
 consolidated bonds can be made b njn-
 ture at later date than the severn5
 issues of bonds now outstanding.
 Mir. Boone-The gentleman has stafe1
 that was City Attorney. Is it 1o1
 true that he is attorney for the rail-
 way company?
 road in Mobile. I believe, and for cY-
 cry national bank also. but do not
 see what bearing that has. Now then
 there is a proposition in the city ox
 Mobile and I was present as the at-
 torney of the street railroad at tho
 time it was made, to give to the city
 twelve hundred dollars year during
 the forty years they have the free
 franchise. together with the forty
 years extension they sought. The conn
 niittee having the matter under consid- eration, however. have agreed f0 rec omfnend twenty-fve years. and 1t stands now upon the proposition to ex- tend 1t twenty-five years from the ex- piration of the present charter. If the gentleman will take his table. he wil1 find that upon a live per cent. basis. that is an offer to give to Mobile sum or payment which amounts to sixteen thousand and some odd dollars per-an- mum during the extended period. which believe all who have had 1t unda9 consideration deem ample compensa- tfon. but that of course Is entirely aside. from this question.
 The Presidens- The time of the gem tfemau has explred
 Mfr. Smith (Mohile)--T move to lay the amendment upon the table.
 Mir. Pfllans--When the gentfemanss time has expired. do not believe he has the floor to make the motion, and therefore thinkthat am entitled to recognition.
 The President-The Chair win en- certain motion made before the gen. tieman takes his seat. It has been the custom to do so.
 Upon vote being taken. q division ' was called for and by a vote of 2t ayes and 49 noes. the motion to tahle was lost.
 Mir. Graham Montgomery)- Before the motion was entered to lay the amendment upon the table iateuded to submit my views upon the prooo- sition offered by my friend from Mo- bile tMr. Boone). but was cut on Tt las been frequently said in this Can 9ention since we have been in session hat this, that or another proposition vas matter for legislation, with more ,r less accuracy. If there is any mat ter which Is the subject of Iegisia-ion md should be left to be passed upon by the Legislature, this is the one. It 6 not intended by those who are fa- niliar with the government of n lnic- pal corporations that laws should ho .nacted which would be inelastic. within a certain circle and sSithin a certain time and within certain cfr- the laws should be fixed. put when 1t comes to matters of policy, Instead of matters of principle. they mould be relegated to the Legislature 'r to the legislative body governing tn As said by my disfin- yuished friend from Mobile (Afr. 6mIth) public utilities are not <eected by ono nan or by two men or by three men. ut by an aggregation Of money trough an organization known as d It is absolutely impossible O build a street railroad, waterw0rkG, md other utilities which are of tho Highest value to municipalities, wish- ut the aggregation of capital in a cor 'oration. If this law becomes a part 'A tnc GV4lolhtullS0, tue lEA~ lamentaI law of the State of Alabama being inelastic in itc latue. the days of improven1ents he days of building public utilities ana he.days of prosperity of municipalities n the State of Alabama are gone; and hose cities which may, in the future. esire them will be absolutely cut off rom the benefits which would arise rom having such utilities in their treets, over or under them. I say 1t 5 unwise for us to incorporate a mat CT of policy in this Constitution. It hould be left to the General Assem- fly and extended by that body to the egislative authority of the municipal ty. surrounded by proper restrictions } that no harm can result to the people the municipality. I think. upon Q econd consideration, the members of his Convention will be bound to ar we at the conclusion that a gross ifi- istice will be done to ambitious cities Alabama that are without these If the amendment is adopted, ie Convention will do an injustice and
 harm to them. The older cities of ie State, most of them, have these tilities. The cities of Birmingham. Loblle. Montgomery, Huntsville and slma, have them nearly all. but should lis amendment become a law, the oth- cities of Alabama will be absolutely It off from their benefits and their sople will be injured for many years
 come. say this Is not the time,
 is is not the place. and the Constitu- on Is not the instrument which should ntrol a subject of this Character It