The Montgomery advertiser., 1901-08-30

of 50 cents, and contended 1t was de- creasing his compensation. which was forbidden by the Constitution of 1888, he being an executive offices; and the Supreme Court denied that, and said that under the language of the Con- stitution of 1888, the compensation therein referred to meant salary, and that the fee for feeding prisoners was in the nature of an allowance or fee. Now, the statutes all throughout. and in the last Code. Sec. 4565, refer to 'sheriffs' fee and allowances for feed ing each prisoner" etc. | It occurred to me if that section were adopted without the proviso, the Leg islature would have no power to in crease or diminish the compensation of | the sheriff during the term for which he was elected. It may be that the cost of provisions might rise so that 1t would be a great hardship to compel him to feed the prisoners at certain price, On the other hand, provisions might fall so that it would be to the interest of the State to decrease 1t.
 Mir. O'Neal Uauderdale)-Read the present law on the subject. | Mir. Jones-I haven't got the Ian" guage of it, but it simply provides the fees for feeding prisoners, guards, etc. I will not take up any further 1 time of the Convention. It seems to me that it ought to be adopted The President-The question Will be upon the amendment offered by the gentleman from Montgomery. s..
 Upon a vote being taken, the amend ment was adopted.
 The President-The question will be upon the adoption of the Article re- ported by the Committee, as amended. | Mir. Howze-I have an amendment. l The amendment was read as follows: Amend Section "A. line 23, by strik- l ing out the word heretofore, and ad- ding the woids prior to the ratification of the Constitution of 1875. Mir. Howze-It seems to me that Is necessary, to make this clause intelli- gible. The idea is just this, that tnis clause was in the Constitution Of l8lo, and any investment made at that time was excepted, by the use of the words saving investment heretofore made. and the use of this word heretofore in this section applies to the time De- | tween the adoption of the Constitution | of 1875 and this Constitution. In other words, it will ratify all investments made since that time, making illegal investments legal by using the phrase ology that appears in this Constitution now and it seems to me that it ought to be corrected. There are probably number of cases in the courts, there have been some to my certain knowl- edge and if this language Is permitted to remain as 1t is, it will certainty val idate illegal acts of trustees, in invest ing in these stocks since the Constitu- ton of 1875. It ought to be saving in- vestments made since the adoption or ratification of the Constitution of lsIo. Unless that is done, It VIII certaihiy Have the effect
 MT. deGraffenreid-Won't this mean the date of the ratification of the Con- stitution, as it Is written?
 MT. Howze-It does not say so. It says investments heretofore made.
 MT. deGraffenreid-Does this instru- ment have any effect whatever until US ratification? ing investments were made prlor lo this. between the ratification or tne Constitution of 1875 and now?
 MT. deGraffenreid-Would not Snat pc governed by the present Constitutloh under which we now live!
 MT Howze-It would, unless you validate if by the phraesology or tnis act. l.. on the amendment offered by the gentie- man from Jefferson. .,
 MT. deGraffenreid-I move that the amendment be laid upon the table.
 JTnon a vote being taken, division was called for, and, by vote of nfty- six ayes and thirty-eight noes, tne motion to table the amendment pre- vailed. u.o,,a tho previous question on the Artlcie as reported 1,u, ,,o,, v,th- draw that motion! l nave an aiie
 l.
 Mr Weatherly-I would ike 10 asn the gentleman from Lauderoale |" withdraw his motion. .,, ,,,+h- MT O'Neal-Certainly, I will wltn- draw 1t if there are any more ahenu- ments. ,r.n+ +o
 Mir weatherly|I simply want to make a suggestion to the cnalrnIan .,tr the committee. I have conterreo witn him about it. It is as to one woro III Hna+io, e,li, "A and if is to strike out the word .other" in line P, page H. l think bv striking that word out 'lt give. to the word trustees" a larger
 meaning and a broader scope than otn- arwise. and will make the section much more effective, and by permission ol tne chairman I would like to ask unanl- noous consent to have that word strlcK- a,, ont would like to add if the coIn- mittee consent to it, the words o1 any character'' after the word trustees
 Nr. Pillans-Are not executors au ministrators and guardians trustees ol express trusts! s,r,ct,v trustees. ba,d hv our Supreme Court.
 MT weatherly-It has been held they are not trustees. It was for that req son I made this suggestion.
 MT. Pillans-I think you are mls- taken about that.
 The President-There seems to be no response upon the part of the commit tee The question will be upon the amendment offered by the gentleman from Jefferson to strike out the word "other."
 IJpon a vote being taken, the amend mrnt offered by the gentleman from Jefferson was lost.
 MT. Coleman (Greene)-I have an amendment.
 The amendment was read as follows;
 Move to strike out Section llO on pa Se % of the report of the Committee on Legislative Department"
 The Preeident-The question will be ulon the amendment offered by the gentleman from Greene.
 Mir. Coleman (Greene)-Mr. Presi- dent, it seems to me that Section 11O ought not to be put in there. It seems to me that Section 110 in the Constitu- ton is wholly unnecessary. It might enbarrass the courts hereafter. Gener-
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