The Montgomery advertiser., 1901-08-09

provisions already adopted on local egislation. The Article on Local Les station which has already been adopt ed by this Convention provides that the General Assembly shall not pass my local or special laws granting a charter to any corporation. or incor- porating any town, city or village. or amending. confirming. or extending the charter or any city or village. It was the opinion of this Convention that by general laws, the charters of every city in the State could be amended. Now. the minority report contains this provision: "The General Assembly shall grant to no municipality or com munity. the rigi.s to establish or amend It's own, charter. but all municipal charters shall be granted or amended by special law" so the minority re- port authorizes special laws to amend the charters of corporations. It re- opens all the evils of local legislation which this Convention has curtailed. The reports of the acts of the last leg islature show an immense volume composed principally of amendments of charters of municipal corporations. Now, I am sure this Convention has no disposition to undo the work 1t has already accomplished, and there fore. I move to lay upon the table the minority report.
 MT. Stanford (Pike)-I desire to amend the motion of the gentleman from Lauderdale by moving to lay
 The President-fae motion is not amendable. The motion of the gentle man from Lauderdale is to lay upon the table the minority report
 MT. Coleman (Greeae)-Wih you withdraw it please?
 MT. O'Neal-Iwill withdraw it if you desire to discuss the matter. Will you renew It?
 MT. Coleman-Yes. I will renew It.
 The President-The Chair will call the attention of the gentleman from Lauderdale to the fact that there is an amendment to the amendment oHered by the gentleman rom Hale that IS the pending question.
 MT. O'Neal-Then I move to lay the amendment and the minority report on the table; but I will withdraw my motion.
 MT. Coleman (Greene)-Mr. Presi- dent and gentlemen of the Convention I listened very attentively to the able Chairman of this Committee to see whether or not there was any neces- sity for any provision. or subdivision, of Section 10, and he did not bring for- ward a single argument to show that all the power which he proposes to embody in a Constitutional provision, could not be exercised at this time py the legislature. He says in Section 1o. down to the word "census" on line ten. must necessarily be retained, but, MT President. the law already provided. authorizes the legislature to pass gem eral laws. and there Is nothing there provided for that has not aiready been proyided. Now, 1t IS dangerous as l said before when we tamper with the organic law, especially provisions which have not been construed by the Supreme Court of this State. and we oue ht to ba very careful not only m the general form of statutes or ordi- nances, but in the selection Of any word for when courts come to con- strue, great difficulty arises when you take into consideration the entire ln- strument to arrive at the meaning of particular parts. l need but call the attention of delegates to this Con- vention to tn e number of decisions which have been rendered upon con- struing the Constitution of lst5. There are over 100 appeals already taken and the law is just coming to be generally understood by the profession.
 So far as the classification of the cities is concerned, if becomes nee essary, 1t can be done. We have heard great deal of the barefoot boy and the horny handed farmer. In this State 1t is proposed to build ID an aristocracy of municipalities. and an aristocracy which takes away from tho State the power to revoke a charter. because the Legislature .can never re- yoke charter granted under this Con stitution. The tenth, section already provides for that. Now you have heard the objections to the minority report. and surely If anything is subject to criticism 1t Is Section 10 now under consideration. The gentleman moved to lay upon the table, and 1 agreed to re- new bis motion, but 1 will extend the motion to lay Section 10 upon the ta- ble, and the minority report upon the table, and the amendment upon the ta> be.
 MT. Ashcraft-No gentleman on this floor has been yielded to more courte- ously than the gentleman who moves to table.
 MT. Coleman-I got the floor by promise to renew sle motion.
 MT. Ashcraft-You promised to renew the motion to lay the amendment upoi the table.
 MT. O'Neal--If my colleague desires to discuss it, hope the gentleman will withdraw the motion for a moment.
 MT. Coleman--Of course 1 will with draw 1t.
 MT. Ashcraft-Mr. President and gen tlemen of the Convention, if we be- long to that class of citizens who live so far in the past that we believe we should have the right to spit upon the sidewalk and in the public buildings and in the street cars. then gentlemen. vote to lay this proposition on the ta- ble: but If We believe that we belong progAess, who believe that people who are assembled together in great bodies have some rights as a body. as well as individuals. then let us consider well what is our opportunity here to ln- stitute that progress. and consider well also how long 1t will be before we have such another opportunity. We cannot treat lightly this question. In the ar ticle on local legislation, we resolved that We would permit no special legis- lation in the adoption or amendment of municipal charters. l ask. gentlemen, on this floor to consider how they are to be adopted or amended unless some provision like this proposed by the ma jority of the committee Is adopted. speak as well against the report of the minority as in favor of the majority, and I shall undertake to call your at tention for a brief moment to the ad- vantages proposed by the majority-
 MT. Walker (Madison)-I desire. to