The Montgomery advertiser., 1901-07-10

personal application, l am sure that the gentleman was actuated by the highest motives in what he did. l do not question 1t In the least. Mir. Jones-I submit 1t is bad policy to lay down in advance where officers faii to do their duty. the method by which their act will be validated. It might be wise for the General Assembly to say to the Board of Railroad As sessment, you met at the wrong time last year. and you brought the facts before me and in that particular case I ratified your acts. but 1t Is diner- ent for an officer to know that there Is something laid down in advance which says that he can break the law. and
 that b. does not act at his peril.
 want to illustrate why a general law
 would not do any good. We had
 revenue lay which was declared un-
 constitutional some time ago. An off,
 cer of the law in the utmost good faith
 levied on certain property. The lew
 was all right under, the statute as it was. The Supreme Court declared it
 unconstitutional. A client of mine
 wanted to sue for trespass and said no that is wrong. he is doing his duty. The Legislature is going to pay that thing back. but if there are many suits of this sort brought the Legislature will ratify the tax and make 1t go backwards.
 MT. watts-Did not the Tax Col lector of Dallas county come up here and 20 to the Legislature two years
 ago to pass a law relieving him from
 a incorporation of the pubSc fund. and did not the Legislature pass a law giving him that relief. and the act
 was vetied by Governor Johnson? MT. Reese-I would like to ask the gentleman the name of that tax col Iector? Mir. watts-I am informed that the
 Tax Collector of Dallas county depos- ited certain State funds in the Con-
 mercial Bank which was, under a Su- preme Court decision, a conversion. and that the Legislature passed an act relieving him from liability for it. Mr. Reese-Was not that Wilcox county?
 MT. watts-I don't recollect. but think 1t was Dallas.
 MT. Jones-I submit that I have the | floor. There has been no great evil in
 this matter. I don't know of a case
 of that sort unless 1t had abundant merit in 1t. that was not buried over
 whelmingly in the Legislature. either po0oohC | on the Governors veto. but the Legis-
 lature represents the sovereign power of | a sovereign State and it ought to have some power to pass upon this question. | and the whole question Is if you are | going to put a matter of this sort in | its hands and say that 1t shall not act except by a general law. The question being upon the adoption | of the amendment. by a vote of "A ayes to 26 noes the amendment was adopted.
 Subdivision 1s was read.
 MT. Smith (Mobile)-I desire to offer an amendment
 The amendment was read. Amend subdivision 19 of Section of the report of the Committee on Local | Legisla ton, the following, viz: except in connection with the readjustment. l renewal or extension of the existing
 municipal indebtedness, created prior
 to the Constitution of 1875. Mir. O'Neal-I am instructed by the committee to say that we accept that
 amendment.
 Mir. Malone-It looks to me like this
 whole question has been settled by the
 Committee on Taxation and Municipal
 Corporation and l therefore move that
 this subdivision he stricken out
 MT. Smith (Mobile)-I want to state
 that the purpose is simply, the same
 as my amendment to Section 16.
 The President-The pending question
 is the amendment offered by the gen.
 tleman from Mobile.
 Mir. Malone-My motion is to strike
 out the whole thing.
 The Preeident-You cannot strike out
 the amendment because 1t has not been
 adopted.
 Mir. Malone-Then I move to table it.
 Mir. O'Neal-I hope the gentleman
 will give an opportunity to discuss this
 matter. It is one of the most impor-
 tant matters in the report.
 MT. Lowe (Jefferson)-I rise to call
 attention to the fact that 1t will be practically impossible to dispose ad- vantageously of municipal bonds with out the sanction of the General Assem- bly in each specific case. It seems to me that that should not be question of general legislation nor should it be a question of obnoxious special legisla- tion. Municipal governments are part of the State government and 1t is the duty of the General Assembly 10 look after them. That Is one of the high est duties of the General Assembly. We know that when we come to issue bonds. it Is not only necessary 70 have the authority to issue them, but 1t is necessary to have the authority % do so in such a manner as to make tnem. attractive to investors. Bond buyers in this country are a class. which always reserves the right to dictate the terms and conditions under which they will purchase. It is an advantage to d city that Its securities be in such shape that they will bring the highest price upon the market. That is automatic. believe that the General Assembly ought to be allowed the power sre- cifcally to authorize each and every issue of bonds by municipalities l be- lieve it would increase the price at which the bonds could be sold. It will give additional security to require the sanction of the General Assembly in every particular case. The matter has already been safeguarded by the adop- ton of the report of the Committee on Taxation.
 MT. O'Neal-Will you please state what that provision is. It has escaped my recollection.
 MT. Lowe (Jefferson)-It is the linn itation upon the power of municipali- ties to issue bonds at any rate. be- lieve that this provision will simply in tcrftre with the sales of the bonds. and if that should be so there is no reason whatever why the General Assembly should not be allowed and required specifically to authorize the issue of bonds in each case. It seems 10 me that it would be extremely difficult 10 frame a general law to give that sane