The Montgomery advertiser., 1901-07-03

!. sss permitted ,..! . ,.sss -. ..! sssss.s 10 pay. 4 ]. For thls reAson 1 trust tnts lllnle WIN be conservative. Ny gooa frteo4 U411 Rubseii made the tiluntrakton th1t t44 court hous4 might De bufnod Gown TAking hts own county as an itluetT1s ton it has an assessed vo1uo9lon ~ t3,4sA0oo. which at ! pr eent WoUl4 authorize his county to incur . eebt tt $5t,52o. which I apnreheAd is e moe4 IS Russell County 0ueht tO incur. Cetz, tainly for his court hcueA. becAuot q twenty-five thousand dullArS if tt Woso burned down, and sevensy-foof tnpl1~1 sand dollars. submit, would be ar pie. Even if you apply it to the ertot County of Montgomery. submit with sil Of itk capital and wealth cu2ht not to be allowed to 60 over eooeseoo tn- debtedness. because doubt their ablt> lty to pay 1t if they should incur it. Mir. sanders-I desire to offer sub stitate.
 The substitute was read as foiiowss No county shan become indebted in an amount greater than three per cei,- tIm of the taxable valuation of the property thereof. provided this limita- ton shall not affect any existing ilA~ debtedness excee ling such thfee per centum which have already been cre~ Ated, or which have been authorized by law to be created.
 Mr. Sanders--I offer that ssDetttut& not for the purpose of discussing tho merits Of the three per cent or the five per cent limitation. but for the purpost of clearing up . manifest and patsut ambiguity. Section g. a 1t reads. i1 As follows: No county shall bscoSne indebted in an amount greater than five per centum of the taxable vAluo of the property thereof; provided, thls section shall not apply to any indebt- edness in excess of such five DOT cezl- tum. which has been already created or AuthoriEed by law to be created
 The reasonable construction of that language is that if an indebtedness q five per cent or three per centuuAs which ever may be adopted, already exists. the section dees mt prevent the creation of an additiondR indebted ness of five per cent or three per cen- tum. am satisfied that this is not the meaning or the intention of the Committee.
 Mr. Browne--wii the gentleman d. low me to ask question?
 Mir Sanders--Yes. sir.
 Mir Browne--Is the only change you
 
 word limitation in l of the word section?
 Mir. Sanders--i ask the clerk to read the Amendment, 1t is shart. The amend nfent was again read.
 MT. sanders--It simply means that if there is an existing indebted- ness. exceeding three per cen- turn. or if by law such indebted ness has been authorized to be created, |. .t. fssn Sr> n "A D.. Ia -t rE not apply to it. If. la county where no Indebtedness has been created at all. under the substitute that I offer. An indebtedness of 3 per cent may be ere &ted. If one and q half per cent In. debtedness already exists, there would only be an additional indebtednesa ok one and q half per cent. fn other words. Mir. President. where the indebt- edness Is hot already up to the limit, 1t may be increased to, the limit. If ik exceeds the limit already. or II. by law, An indebtedness exceeding the limit has been authorized. this limitation shall not apply to 1t. I merely offered the substitute for the purpose of clearing up what in my mind Ia very malai- fest ambiguity In the meaning of the section as reported by the committee.
 Mir. ONeaI GLauderdaIe)--Ig gully con- eur in the wisdom of provision limit ing the power of counties to create debts. think 1t is one of the most important provisions in this Article, but at the same time am inclined to believe that theA limitation of ] per cent, as suggested by the amendment of the gentleman from Laudefdnle is too low. Now by an examination of the Constitutions Of all the States on this subject, we find that but one State has a limitation as low as that. That Is the State of Indiana. Ali of the Consultations enacted since about lSs0 contain similar provisions. The State of New York had provision Of 10 per cent instead of three.
 The State of California has the fol. lowing provision: No county. city, town. township. board of education. or school district. shall incur any iildebk4 edness or liability In any manner, or for any purpose. exceeding in any year the income and revenue provided for it for such year, without the assent Of two-thirds of the Qaaiified electors thereof voting at an election to be held for that purpose, nor unless be- fore or at the time Of ineufrlng such indebtedness. provision shah be fnaAe for the collection of An annual tax suf- hcient to pay the Interest Oh such tr- debtedness as it falls due. and also provision to constitute a sinking fund for the payment of the principal there of on or before maturity. which shall not exceed forty years from the time of contracting the same. Any indebt- edness or liability incurred contrary to this provision shall be void."
 Now, take the State of Georgia. our neighbor. Here Is Q provision which tEey have; 'srte debt hereafter isa- cured by any county, municipal eor- poration or political subdivision of thi8 State. except as in.>this Constitution provided for. shall never exceed ( per taxable property therein. and no such county. municipality or division shall incur any new debt. except for teEa- porary loan, or loans, to supply casual deficiencies of revenue, not to exceed one fifth of one per centum of the as- sessed value of the taxable property therein, without the assent of twD- thirds of the qualified voters thereof, at an election for that purpose, to be held as may be prescribed by law"
 Now tne State of Georgia authorizes | rate of ! per cent, and in addition excepts temporary loans to supply casual deficiencies of revenue. not to exceed one-fifth of enc per cent.
 It further provides: "Bnt any city, the debt, Of which does not exceed per centum of the assessed value of the taxable property at the time of the adoption of this Constitution, may be authorized by law to increase. at any time. the amount of said debt. three per centum upon such assessed vaiua- ffnSa