The Montgomery advertiser., 1901-07-12

 most convenient, and nearest to the people. A forum that is open nearly all of the time is the commissioners court. 1t is the one body in this State which is most nearly analogous to the Boards of Supervisors in the State or New York; 1t is a body, to which the humblest citizen of any county may go and petition. Any poor person may go before 1t with his petition or his grievance. The humblest citizen in Limestone county can get on his mule or horse. and ride over to the county seat, and present his petition, and have his side of the case heard. AS 1t is down here in the legislature. 1t is only the people who have the means to come before the General Assembly to peti- tion in local matters, and bring their influence to bear in a lobby, upon the legislature, to secure the passage of bills of this character. think, MT. President. that the Convention, upon consideration and investigation will re- allze the fact that after they have pro- hibited the legislature from legisiating upon these questions, they must turn to some forum, and provide some chan mel through which it can be obtained. and I think that the experience of the State of New York. and the conditions in the State of Alabama, make the commissioners courts and the boards of revenue in the different counties, the proper and the best and the most suit able forum to authorize such legisla- ton. Delegate this power to the courts of county commissioners and l am heartily in favor of this provision.
 MT. Pillans-I desire to ask the gen. tleman a question for information. How long has that been In operation in the State of New York?
 Mir. Pettus-ft Is in the printed Con- stitution tnt have in my hands. It was in the Constitution, and amended by the Constitutional Convention of 1894. I do not know just what time this provision was put into the Consti- tuition of New York. In this section it says this was former section g of this Article. and was changed to section 2I by the Convention of 1894 and ratified November 6. 1894. It was added by the people November Srd. 1874, and was in force on January 1st, 1875. It has been in operation for near- ly a quarter of a century.
 MT. Pillans-It came in in '76?
 Mir. Pettus-Yes, sir.
 MT. Pillans-I would ask the gentle man also whether there Is any similar ity between the conditions of the Coun- ty Courts of the great Empire State of the Union. and those of Alabama. in the diffusion of learning or anything of that sort?
 Mr. Pettus-Yes. sir. there Is a mark ed similarity. 1 am not familiar with the diffusion of learning in New York, but I am familiar with the similarity in this respect, that local legislation is necessary in the counties of New York to meet the conditions there and that local legislation Is necessary in the counties of Alabama to meet local conditions existing there, and l take 1t that the people of Alabama are as competent to govern themselves in their different counties and localities as the people of New York, or of any other State.
 Mir. Oates-There is a vast difference In the condition of the people of this State and those of New York. In New York it may be a very good thing, and quite satisfactory, to delegate to the County Commissioners powers of leg islation. but in Alabama I think that 1t Is a very dangerous experiment. and one that would not be satisfactory to the people. Now what is the main question here? The delegate from Limestone has shown that the provision reported by the committee is substan- tially the New York provision. The delegate from Dallas dissents and makes a minority report. and his prop osition enumerates several cases. and undertakes to point out the manner by which the General Assembly shall pass general laws.
 The Chair will suggest to the dis tinguished gentleman from Montgom- cry that the proposition of the gentle man from Dallas Is not offered as a minority report. It Is offered as a sub stitute. and the gentleman from Dallas Is not a member of the committee mak- ing the report.
 MT. Oates-I was not aware of 1t, and thank the Chair for making the cor rection. But I will speak to the prop osition. and on the principle that in clusion of certain things is an ex clus on of others, 1t makes 1t very dangerous. There are some gentlemen who have said, and many delegates have claimed, that there are about thirty-five or thir- ty-six prohibitions which have been adopted. They are mistaken about that. There are thirty, or thirty-one is the last one to be considered, as such. The last was, however, more of a regulation of the manner in which legislation should be effected but con- sidering and counting it as one, there are but thirty-one. because several have been voted down. My count of 1t leaves thirty-one. But the amend ment offered by the delegate from Dal- las does not apply nor provide for the cases presented by these. Not at ali. Then construing 1t as statutes are fre- quently construed, 1t may be found to be defective. and too restricted In its provisions. Now, sir, the Section found in the present Constitution has an ap- plication to this case, which I think If the gentleman will look at the amendment, he will find that it fits ex- actly. and is just what ought to be provided in the Constitution. The lam guage is the Legislature shall pass general laws under which local and private interests shall be provided for and protected. Does not that give the Legislature as much power as any thing that could be said, and it does not undertake to point out, except the general direction, and authorization, and it Is an injunction upon the Leg islature that they shall pass laws which shall provide for these private inter- ests and under which they shall be protected.
 Mir. Pettus.-I would like to ask the gentleman a question. If his remark while ago about the different condl- lions in this State, had reference bo the ability Of the different Commission. CTS Courts, does not he think that tns additional responsibility would raise the standard of the men in those Commls- doners' Courts?
 MT. Oates-That is an untried expsr- iment.
 MT. Pettus-Another question. Un-