The Montgomery advertiser., 1901-08-18

Mr. Pillans-The bylaws being the domestic law for the arrangement of it's domestic conductf
 Mr. Smith-That Is true. and in the bylaws 1t can expressly state what can be done. In the general law It makes a statement of general char acter of the business-the express statement of the things to be done Is in the sy-laws. This expressly states a corporation shall not engage in any business other than that expressly au- thorized in the charter or article Of incorporation.
 Mr. Harrison-I submit that the amendment already adopted is better than that proposed by the delegate from Mobile. I subn;it that the amend" ment already adopted is better than that submitted by the delegate iron, Mobile. I thought. at first they were similar. but Q moments reflection when we consider his amendment "au- thorized by law" 1t might authorize a corporation under some general law to engage in some other business. niigh. engage in selling liquor-something 4authorized by law" What lawf It does not confine it to the law of its Application. l submit that really the Word charter put back here as In the old Constitution would be suficient eAnyhow, think 1t would be sufficient Because all of the writings on the question consider 1t that way. and IL was only to meet the ideas of those who might be more particular. It was after consultation with the delegate from Madison and other lawyers In order to meet the supposed difficulty that the Committee agreed to put the proposed amendment in. l do not think the words of my friend from Mo bile improve it. Now the Convention understands 1t. and this Committee has no pride of opinion. and if the Con- vention' think the amendment better let them adopt 1t. and I move the pre- vious question upon the amendment and the section.
 [ President pro tem-The previous question is called for. The question Is shall the main question be now put? A vote being taken the main Ques- ton was ordered. President pro tem-The question is upon the adoption of the amendment offered by the gentleman from Mobile.
 Upon a vote being taken the amend ment was lost.
 President pro tem-The question re- CUTS upon the adoption of the section as amended. As many as favor the adoption will say aye and those op- posed no.
 The vote being taken the section as amended was adopted.
 The Secretary read Section as fol- lows:
 Sec. s.-No corporation shall issue stock or bonds except for money. labor done. or money or property actually received; and all fictitious Increase Of stock or indebtedness shall be void. The stock and bonded indebtedness or corporations shall not be increased ex- cept in pursuance of general laws. nor without the consent of the persons holding the larger amount In value or stock, first obtained at a meeting to be held after thirty days notice given in pursuance of law.
 M Mir. Ferguson-The Section pro posed by the Committee is identically the s; me as that n the Constitution of 1875. There has been numerous de- cisions constructing this Section, and the lawyers of the State are well &C., qusinted with the law upon that sub. feet. 1 therefore move its adoption and call for tEe previous question. Upon a vote being t. ken the previous question was ordered. and a further vote being taken the Section was adopted.
 The Secretary read Section as fol- lows:
 Sec. 2. Municipal and other corpor- ations end individuals invested witn the privilege of taking prvate property for pubic use, shall make just compen- sation, to be ascertained as may be provided by law, for the property taken, injured or destroyed by the construction or enlargement of it's works, highways or improvements, which compensation shall be paid before such taking, Injury or destruction. The Legislature is here by proh bited from depriving any per" son of an appeal from any preliminary assessment or damages against any such corporations or individuals made by viewers or otherwise, but such ap- peal shall not deprive the person who has obtained the judgment of condem- nation from a right of entry, provided he shall have given bond with good and sufficient suretieS to pay such damages as the property owner may sustain; and the amount of such dam ages in all cases of appeal shall, on the demand of either party, be determined by jury according to law.
 MT. Harrison-I rise to a question of inquiry. There seems to be a misprint in the eighth line between the word Judgment" and the word "condemna- tion," the word is ''or' and it should be of"
 The President here resumed the Cnair.
 Tho President-The gentleman from Lee asks unsEimous consent that the word "cr'' in the eightt. line be changed to of" Is there objection? The Chair hears rene and 1t is so ordered.
 MT. Beddow-I have an amendment to offer.
 The Secretary read the amendment as follows:
 Amend Section by striking out all the words on line ' after the word otherwise" down to and including the word "sustained' in the tenth line.
 The Presldent-1hG question Is on the amendment os the gentleman from Jefferson.
 The Secretary-''Provided he shall have given bond with good and suffi- cient surety to pay such damages as the property owner may sustain"
 MT. Beddow-I think Mr. President. that I see the object of the Committee In reporting this additional feature in this Article on Corporations. possibly to avoid long delays where one railroad seeks to cross another, I myself have seen the bad effect of their being un- able to cross the roads of each other. But 1t seems to me from the reading of this Section it may affect those less able to defend their homes than are the corporations themselves. For in- rtance, a railroad company desires to build a side track along its road at any point, and 1t should be necessary to run to the home of some individual and Judgment of condemnation was rendered Notwithstanding the fact that