The Montgomery advertiser., 1901-07-19


 mate. whether 1t be one. two. three or four years. In this way. the LeEisla- ture will certainly be restrained within the ability of the State to pay it's obli- cations. There is an amendment here which has been suggested. to amend Section 27 of the report of the Com mittee on Legislative Department by inserting after the word year" in the third line, the words flor which such appropriations are made." am not in accord. Mir. President. with that amendment, because if it Is limited to that-"for which such appropriations are made" 1t might entirely destroy the purposes of the section.
 Mr Reese--Will you allow me to ask a question
 The President-Does the gentleman yield?
 Mir. Chapman-Certainlv.
 MT. Reese--I will ask the gentleman if the insertion after the word made" in the first line of Section 27 of the words "for any ore year" during any regular session of the Legislature. the aggregate appropriations for "anv one year" shall not exceed. and so forth. Will not that cover the objection?
 Mir. Chapman-I am inclined to think that would cover it. The only purpose I had in making this proposition was that at no regular session of the Leg islature should it be authorized to go beyond the estimated receipts of the State of Alabama for any particular year. Those receipts, as estimated by the Governor and Auditor as it is here
 MT. Harrison-With the gentleman's permission I desire to ask him if 1t would not be covered by simply strik- ing out the words flor the current fis- cal year." without those words in it would not that cover your view
 MT. Chapman-With due respect to the gentleman from Lee. I do not think that would meet it. My idea in making the suggestion was that dur ing each and every year there would be an estimate made by the Governor. the Auditor and Treasurer as to how far the Legislature could go in making its appropriation. general and specific. upon the treasury, and that it should not go beyond the estimated receipts of the State.
 Mir. Harrison-If YOU had the general terms not to exceed the amount of in- come of the revenues of the State. that would be either by the year or in any other way.
 MT. Chapman-That might be too broad. The only purpose in the world. MT. President and gentlemen of the Convention. was to limit the power of the Legislature to go beyond the jn- come of the State. whatever that may be. whether great or small. no matter what it is. so that there will not be any appropriations made beyond what the State can pay. That was the only pur- pose.
 MT. Coleman (Greenel--I offer an amendment. MT. President.
 The President-The Chair had rec ognized the gentleman from Wilcox.
 MT. Jones (Wilcox)-I will ask the gentleman from Sumter If he will ac- cept this amendment: During any reg ular session of the Legislature. the appropriations for each four years be- fore the next meeting of the Legis- lature shall not exceed in amount the income from the revenues of the State for each of said years respectively. as estimated by the Governor and Auditor.
 MT. Coleman (Greene)-That covers the amendment that was prepared to offer,
 MT. Oates-I will accept that.
 Mir Chapman-I have no objection in the world.
 MT. Merrill-I move to lay the sec ton and all the amendments on the table.
 A vote being taken, the motion to ta- ble was lost.
 Mr. White-It does seem to me that this section confers very extensive powers upon the Auditor and Cover nor. and takes away very important powers from the legislature. In other Lxn a annrnnri- ation that does not meet with the views of the Governor and Auditor combined. If there should be an unfriendly Au- ditor to some great interest of the State. by reducing his estimate he can absolutely hold the legislature of the State in his hand. and so could the Governor Then, in addition to that, if the legislature should desire to re- build the Capitol and issue bonds, they could not make an appropriation for that purpose. because it would exceed necessarily. the income which the Au- ditor and Governor would make as an estimate for the current year. or any year. It would tie the legislature ab- solutely, leaving them powerless in the hands of the Governor and the Au- diter. For one. would rather risk the legislature of the State. would rather risk their patriotism, l would rather risk their regard for the people of the State. and the welfare of the State, than risk either one or both of these officers. and I think it would be a very unwise and a very dangerous power to be given them and taken away from the legislative branch of the govern ment.
 MT. Jones (Montgomery)-Anyt that comes from my friend from Sum- ter. who Is so careful and conscientious, is deserving of careful consideration and I regret exceedingly that I feel impelled to oppose this section in toto. The language is the legislature shall not appropriate any money beyond the current revenues as estimated by the Governor and Auditor. Now, leaving aside for the moment other ob- jections. these estimates, especially when the legislature meets only once in four years, are largely conjectural. it would depend upon the sanguineness of the two men. They might say prop erty is increasing In value. going up 10 per cent in Alabama, and you can safely spend so and so, or they might be pessimists and take the opposite view. and in either event greatly err as to the amount of receipts. Now, the Governor already has veto power. and it seems to me that we are un- wisely trammeling the legislature. There is one other objection to it. If this is a good principle. the legislature ought not to appropriate more money at a special session than a regular ses- sion, and while I sympathize with the motive that induced this section, 1t seems to me that the Convention ought tN tc