The Montgomery advertiser., 1901-06-29

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 derstands the amendment of the gen. tieman from Taliadega to the amend | ment of the gentleman fSom Jenerson's | (Mr. Howxel original Section of the | Committees report is the question now
 before the House.
 Mir. Lowe (Jefferson)-Mr. President. i dislike to be put in the attitude of | opposing a reduction of taxation. Some | of those who have advocated this re- | port. and even the Chairman of the | Committee whose report proposes to | reduce the tax limit in Alabama. have | sought to put those who are opposed to the reduction of the tax limit in
 the attitude of opposing the reduction | of taxation. That Is hardly fair
 statement of the proposition. op- posed the report of the Committee 10 I reduce the tax limit from 75 cents to 30, or the lower fractions if you choose | to put them that way, upon the ground | that 1t is unnecessary, that it is un-
 called for and that 1t is an attempt
 upon the part of this Convention to prescribe legislation which ought prop erIy to be left to the legislative assem- plies that are to come after us. In the
 argument of the distinguished gentle man from Jefferson who preceded me he read from . report showing that
 after the tax limit was placed at 70 cents in 1876, in 1877 the General As- sembly reduced the rate of taxation to 70 cents, that 1t stood at 70 cents for two years and in 1880 1t was re- duced to 65 cents. that 1t stood at DO
 cents for four years. Then m aeos .ne General Assembly reduced the tax rate T repeat that to show the distinction between the tax limit and the tax rate to 60 cents. It kept at that for two years and In 1887 the General Assem- bly reduced the tax rate to bS cents
 and the next year reduced 1t to 90 cents, in 1889 to 45 and in 1890 to 70 cents. So
 1t continued until 1892. But the Gen
 eral Assembly had reduced the tax rate
 too low and they found it out and they
 increased 1t in 1893 to 50 cents, in 1894
 1t was 50 and in 1895 55. and 1t went on until they had to go back to the
 limit. And to meet what? l deny it was a gross expenditure of public
 money. They had to do 1t because the
 General Assembly had reduced the tax rate so low that there came a deh- |, ciency in the Treasury and 1t was in order to pay the States honest debts and we had to go back to the full rate. There is a lesson to be learned right
 there. It Is against the policy of good ] government to accumulate surplus In the Treasury; but 1t is against the pol icy of good government to have a de-
 felt in the Treasury. And so the Gem
 eral Assembly meeting every two years,
 as I hope 1t will continue to meet, can
 deal with the existing conditions as
 they find them, and if the condition of
 affairs justify the reduction, you know
 that the General Assembly can be
 trusted to make the reduction. The
 record of the past has shown 1t. Now'
 if the General Assembly had had a nar-
 row limit within which to make the
 reduction. 1t would not have been safe
 to have done 1t. and it would have
 been necessary to preserve the credit of
 the State to coptinue the tax rate
 which had put the surplus in the Treas
 ury to meet contingencies. But for.
 tunately they were able to meet the situation, knowing that when those
 conditions changed and when with lower rate they can still protect the
 credit of the State. they will go back
 to 1t.
 dare say there has not been a sent
 iment in any section demanding
 limit on the power of the General As-
 sembly below that established by the
 Constitution of 1875. The record of all
 these years is that this matter has
 been safely left to the General As-
 semblv and why should we depart from 1t nov? Is 1t because this Constitu-
 tional Convention proposes to discharge the functions of all the legislatures that
 
 trust the Legislatures to deal fairly
 with the people. how can we well trust ourselves? The people might be as 5eal- [ ous of our assertion of power as of the } Legislatures. The Legislature Is elect , ed by the same people that sent us here. They are as honest and good men as We dare claim ourselves to be. . They are jealous of the welfare of the
 state Two weeks ago I thought l saw a conservative sentiment in this Con , | vention, to leave the old Constitution } which our fathers framed untouched [ In every sentence and in every sylla- ble except where a new demand had , arisen o. an evil bad been found under } the old system. But in these later l days in the last few days theEe has . grown up a sentiment 1 scarcely know whence it came but each man who } conceives that the General Assembly , has not enacted laws suited to his idea,
 now wants to repeal that law In this Constitutional Convention.
 | Gentlemen of the Convention. we arc rot sent here for any such purpose. We are sent here to frame Constitu- , ton that would stand for at least as many years as our present Constltu- tion.
 } Now upon the doctrine of equity. let us consider 1t. I was asked a while ) ago bv a member of the Convention l ' esteem. Do you know of any reason ] why we should adopt 1t? Do you know of any reason under this record on l page 21 why we should not be willing } to trust the General Assembly to deal fairly with the tax rate?"
 MT. Robinson-Has not the general , average tax rate in the last twenty wears been below six and a half? , Mir. Lowe--I have no doubt the gen , tleman can answer 1t better than can } and I no doubt he asks the question } because he can answer 1t and I would } like for him to answer 1t.
 l Mr. deGraffenreid-And If that Is so' l don't 1t show thc. we can still trust :; the Legislature?
 , Mir. Lowe-That Is what was going to say.
 , Now looking at this as 3ou would on } a suit in chancery for an injunction or any other extraordinary remedy. A { court would first consider what will be } the effect of the denial of the remedy [ asked for and If 1t appears that seri- ) ous consequences .aay follow the grant { ing of relief and but slight evil con 5 sequences will follow the refusal of the r relief, 1t is the duty of the court to deny the relief asked in the extraor- 9 dinary form. So I ask what evil can follow to Alabama by. reason of the 7 refusal to pass the recommendation of l the Committee. can any evll result in 9 the light of history? And I ask the r Chairman of the Committee can any 6 evil result by leaving 1t where 1t is?