The Montgomery advertiser., 1901-07-09

upon vote peing taken tae Seetion was adopted.
 Section 24 was read ss1oliows;
 Twenty ty-fourth-That the exerc.se of the right of eminent domain rnsd never be abridged nor so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies and subjecting them to pubulic use the same as in. dividuais. But private property shall not be taken or applied for public use. unless just compensation be first made therefor; nor shall private property be taken for private use or tor the use of corporations. other than municipal, without the consent of the owner; pro- vided, however, that the General As- semb,y may by law secure the persons or corporations the right of way over the IaI4ds of other persons or corpora tions. and by general laws provide for anj regulate the exercise by person and corporation of the rights herein re- served; but just compensation shall, in all cases. be first made to the owner, and, provided that the right of eminent domain shall not be so construed as to allow taxation or forced subscription for the benefit of railroads or any o;h- CT kind of corporation, other than mu- ntcfpal or for the benefit of any indi-
 
 vldual or association.
 Mir. Lomax-There is no change in that section and I move that 1t be adopted.
 Upon a vote being taken the section was adopted.
 Section 25 was read as follows: !,
 Sec. 25. That all navigabIe waters shall remain forever public highways, free to the citizens of the State, and of the United States, without tax, im- post or toll; and that no tax, poll, im- post or wharfage. shah be demanded or received from the owner of any yner- chandise or commodity for the use of the shores, or any wharf erected on the shores, or in or over the waters of any navigabie stream, unless the same be expressly authorized by law.
 MT. Lomax-There has been on change In that section and move that 1t be adopted.
 Upon vote being taken the section was adopted.
 Section 2s was read as follows:
 Sec. 26. That the citizens have right in peaceable manner to assem- ble together for the common good, and to apply to those invested with the power of government for redress of grievances or other purposes. by pe- tition, address or remonstrance.
 Mr. Lomax-There has been no change in that section and I move that 1t be adopted.
 Upon vote being taken the section was adopted.
 Section 27 was read as follows.
 Sec. 27. That every citizen has right to bear arms in defense of himself and the State; and 1t shall be the duty of the General Assembly to define. by law. small arms. and regulate the bear ing of the same.
 Mir. Lomax--The latter part of that section as added "and it shall be the duty of tAe General Assembly to de- line, by law, small arms and regulate the bearing of the same" was adopted at the suggestion of some gentleman who introduced an ordinance to that effect in the Convention with a view of calling the attention of the Legisia- ture to the evil ard practice of car rying concealed weapons and to adopt more strongent remedies than exist today.
 Mir. o'Neal Oauderdaie) = State whether they would have the right to prevent azman from carrying a pistol7
 MT. Lomax--I am inclined to think they have. But 1t was the view of some of the members of the committee who introduced the ordinance, to put this in the Constitution with view of attracting the attention of the Legis- lature more particularly to the prac- tice of carrying small arms and per haps of carrying small arms might to some degree check the practice of car rying concealed weapons, which makes 1t the duty of the Legislature to do 1t.
 MT. Samford-I ask if the committee don't object that the last part of the section he stricken out
 Mr. Lomax-The only difference is. while the Legislature has the power now. it makes 1t the duty of the Legis- lature to define small arms and regu- late the bearing of the same, and the idea was that putting 1t in the Con- stitution and the Legislature having the power to define what small arm Is, 1t might in some way adopt some measures by which the evil of carry ing concealed weapons would me rem- edied
 MT. Pettus-I can understand what the committee means to do by making it the duty of the General Assembly to regulate. the bearing of small arms. but cannot understand what 1t hopes to get at by making it the duty of the General Assembly to define small arms.
 Mir. Lomax-The idea was that the legislature might include some small arm that Is now a dangerous weapon to carry about the country that is not in the statute against carrying con- cealed weapons.
 Mir. O'Neai Q4auderdale)-Under that provision could not the legislature have the right to define an air-gun a con- cealed weapon?
 Mir. Reese-I offer an amendment.
 The amendment was read as follows: Strike out all of the section after the word state in first line"
 MT. Reese-The purpose of that is to leave this section where 1t was in the old Constitution of 1875. Mir. President, it would be well to leave some of these provisions like they used to be. It would be well 10 send some of the sections back 10 the friend with which they are acquainted. I fail to see where the explanation giV- en by the Committee comes in. The have legislated along this line since have been recollecting any thing about 1t. Judges have charged 1 grand juries. and the Circuit Court l Judges of the State have charged the l in which they held their l courts about the evil practice of bear l Ing small arms. hardly conceive that | the explanation that has been given explains. It looks to me like there is d nigger in the woodpile somewhere.
 Mir. Pettus-I would like to ask the gentleman a question.
 The President--Does the gentleman yield?