The Montgomery advertiser., 1901-08-18

trust which Is now existihg or ex sths at the time of the ratification of this Constitution, because Nr. O,Neal--And you go further ana say 'other than in execution of a trust sc created by law or by contract, except upon condition that such corporation shall thereafter hold its charter subject to the provisions of this Consultation. I submit that that means that the Legislature Is authorized to pass spe- cial law in behalf of corporation II that corporation is willing to hold it's charter subject to the proVlsions oi this Constitution.
 The President-The time of the gem tleman has expired. The question VIII be upon the adoption of the amendment offered by the gentleman from Lauder- {, dale. ,4 -,-
 Mr. Graham (Montgomery)-I move to lay the amendment offered py tne gentleman from Montgomery on the ta- ble.
 Upon a vote being taken the motion to table the amendment prevailed.
 The President-The question recurs upon the Section.
 MT. Walker (Madison)-1 desire to or fer an amendment.
 The amendment was read as follows: Amend by striking out all after the word constitution in line i've.
 
 leave the Section just as it stood In the old Constitution. This Section IS a cony of SSect.on 2 in the old '~onsti- tution down to the word "Constltu- lion" in line five, and the amendment strikes out all in that Section after that. Now the leaving of this addi- tiorai provision ia this Section It strikes me is entirely unnecessary.
 MT. Graham (Montgomery1-Doy you think that the adoption of an amend ment, either under the general law or .by act of the General Assembly, would validate a charter and give life to concern that was dec l, or. had never lived or was still-born? l.
 Mir. Walker-I don't think 1t would unless this would have that ef1ect. What Is the meaning of it If 1t don mean that? If it is merely an amend merts why say it is novation of the Charter?
 MT. O'Neal-I would Ike to have your construction of this Section. Now this provides that the Legislature shall not alter or amend any charter Of a corporation or pass any general or spe- cial law
 MT. .Walker-I have passed beyond that and do not care to discuss 1t, am discussing another matter now.
 Mir. O'Neal-I am asking your opin- ion-
 MT. walker-I am not going to dis cuss that question because l want to d scuss this other ore. That has been laid upon the table and do not care to discuss something that is not before the Convention.
 In addition to the suggestion that l have already made the operation of the proviso in. this Seetion Is to permit a railroad corporation, some of which have charters of very iong standing. and which contain exclusive privileges s or powers, wh oh they could not obtain either from the Legislature or under general laws, to allow them to retain those special privileges or exclusive benefits. although they seek an amend ment under this Constitution, and deny to everybody else the right to retain such excius.ve privileges, when they, by seeking an amendment, put them selves under the operations of this iron- stitution. Now l do not know and cannot imagine any Justification for a dis riminaton of that kind, ard it oc- CUTS to me that this Section as con- tained in the old Constitution is ample and complete to cover the evil that was sought to be provided aganSt
 Mir. Cobb-I desire to ask the gentle man a question. I want your construc- tion of this: And every amendment of any charter of any corporation in this State, or any special law for its benefit" Wouldn't that confer the powe: upon the Leg stature of passing special laws? s-' '~sf-- --- MT. Walker-Certainly That is one objection to 1t.
 MT. Cobb-Wouldn't that be in con flict with what We are trying to do.
 MT. Walker-Tha: is what l suggest ed a wh le ago. My motion is to strike out all in that Section after the word Constitution" in line 5.
 MT. Boone-I move the previous uues- tion on the Section and amendment.
 The main question was ordered
 Mir. O'Neal-I move to lay the whole Section on the t2 ble.
 MT. Harrison-In support of the Com mittee and against this proposed amendment, briefly desire 10 state that the delegate from Madison is cor rect Tn stating that the part he desires to remain is the present Constitution of Alabama. and the remainder IS dire ctly copied from provision in the Georg a Constitution which your Committee agreed to accept in difference to the Views of some members of the Commit tee and of the Convention who were anxious to put what they thought were some stringent provisions that exisied In the Georgia Constitution in ours, and as matter of compromise it was accepted, and in defei ence to that ma Jolfty while 1 was not oiIe of them. we agreed to accept it because it is merely stating in other language, re- beating, as it were. the provisions con- tanned in our present Constitution.
 MT. Cobb-I i'm not opposed to if. you understand. I want to get this thing fairly understood, though, and put the question to you that I did to the gentleman from Madison, and that is this: From the Wo!d d Constitution on through line six, and every amend ment of any charter of any corporation in this State. or any special law for it's benefit accepted thereby" Now, this is the proposititn: Whether or not these words remaining in this section would confer upon the Legislature power to do that which We are at tempting to deprive it of, namely. to pass special laws fer the benefit of cor polations? Mir. Harrison-I think not
 MT. Cobb-You may confer a power
 Mt. Harrison-I want to answer the question, but you are taking my time, and l Mi!. not have time to make my speech, I lYiIl gsYeaX9u one minute.
 Mr. CCbbN0ne s59fnute, then. The delegate is familiar with the legal prin- ciple that authority may be conferred indirectly as well as directly Now, then, the point l want to know is,