The Montgomery advertiser., 1901-07-11

C6uIItY U0xNx1xttI0McI8 u4s V I1But I0 ciose 1t. It is dedicated to the ,puellc. aAxislature ought to be hbB61ute3y 1fUe undsr me CozBtttption, to e.sose up ~ highway when 1t becomes of no fmsfhef vafue to the public. There gre . va: rfety sf circumstances md ;cunSmgen- cses which might nriee which tlIe Iexe islature allure ought to deal with. You ceHnUt ,y,rovfEle Tor them simply by general law. unfhUrizing tlfe Courts U6 County Commissioners, or the Boards Of Revenue to Go sceftain minus, be- cause human 5udgmesft fs 70 fallfbie that we Nannut Thirk Of aH the acUfftin- Bencies that might ariee fin respect to that msstsr. Tor that Yeasun, I think ithsst this is an upwsise restriction. Ger tainiy. the Legislature has been ppu~ dent herctofore with 1ocal 'bffls of dhis chRracfer.
 MT. wxudell---I desire to call the at-l tentfon df the delegate to Section BIB of the present Code, .sThe Court uf County Commissioners of the several counties iis invested with a general su-i perintendence of the public roat1s with in their respective counties. and may establish and change and tdfscoutinue old ruatis, in tfe manner heseinsftsr prvvided."
 Mir. Weafherly--J know 1t does. but T siuul1t if under 'thEt Nstatute the Court of County Commissioners could sulove up a public 'ruad, if dnybody oh5ected to it. A municipality cannot do It. A tuwn cannot do 1t. The public sac- uufres a rfEift to the ro9d when It sis upened. Every itrdividual scOnspUSing ti1af -public acquires Q right to the ifse sdf that public road.
 Mir. willett--And have an eassnfs1t in 1t.
 Mr. weathefiy-And they Sf1avs an easemefft i'm it.
 Mir. Waifdell-IEere lis what the Ass- ,preme Court says as to that: The tpower herein exercised is rqssai lcsisla- tive. and sutffsr courts will not revise. sexcept in so far as it .intef1sFes Wfsh property rights"
 the erect of the estatute, but m the I geuttemau ren1enfbers those decisions hold that aso far as stire municipality Is | concerned, Ur the town sor scfty, stfEey cannot close up a ffghway. A Boaru I of Aldermen, or a Mayor and AtdeF-
 men, cannot close it up " any 'one aob- jects. l MT. Booue--Is it nut . 1act se1kt that .exprcss point 'i1ag sbsen sdecfdsd by aife Supreme Court. fin sthe dsase Of sthe Cfty xf Mobile. nEainst ttlye IL. and N. R. R.,
 
 l m the 1z5th XlabaHaa
 I MT. weatheriy-zCeft 1t Nwss. sant1
 it has been decided in quite q number Of other ecases, ,and I think the ssaple
 proposition applies to tine county au- tirurfties.
 MT. Boone--,I sthe epreviousauss- .tfon on the motion sdf the sgentisnssxn
 Mir. tGrant--I hope .she ser1sssnan will
 
 ,tiun ,of tine chairman of the commit rtec. | The motion was withdrawn.
 l MT, sgrarft-lI want ito sfnnlifre 1T the seffent of this slfb division here wonen Ybe to ,preverft the General 1hseen1biy lrfrum passing "a special sroaa alBw ffur eny rousfty of the 'State?
 Iir. U.Nexl-sIt ffyes.
 I Mir. {arar1t-,Ff tisut is tine touse. MT. l President. I am in ffSv0r sof al<ftifire sthat s,fb.divlstUn out, anA flor ttisans
 reasons. The movement fcr tgood sruas2a lin this State iinus saiways met aan uoEyDo- ,sftiun from the ,seaple or ttffe county I who ilave to endure tine stasces to get
 the roads. I remember fin our county, | and we are one of the ccounties that. | by a system of staxation, has the hest Iruatls in that section of the s6tate, and Il the first bill looking ito ttaxation Tor I the improvement of the sr0Ht1s aroused lfurious indignation among rtlse ttaxpay- CTS in the county. A subsequent AseB- I islatpre, in obedience to tizat sentiment Ifepealed dffe law. The 1zeeisidfnre ffol- flowing reirstated 1t, and nov 'Cdinorf I County has the best roads fin North .I east Alabama by "a system Sof ttaEatior adopted specially fas ito ttiSat county and there lis now mo tax that the sueo- llf,le of the -cnurfty pay with ssqUfz II II,cheerfulness and mo tpeopRe tta3<e sgreat- CT pride in their roads. As ahas ihsen
 statsd by the gentleman From lzee iI Isiffferent counties need different con- litions and laws, and I flo not believe Ithat any general law tnan be ypa1eeu ,l that will suit all counties alike m ttfss
 State. One tax for 'Callscun woiiiA .kio the work, hut the ssause tax for Gle I burne, pr any of the adjoining gca1sittes il would be too much. T iseIieve ftlae T lIsegislature ought to to able to fdeal with this question. where it cenlbraces Il as large a territory sas tine counties soi ,l the State. It seems we are 'clfseiug soti Il af slopal iegislation entirely. Il tiat1ll' \ the Legisiature ought to be left free In some nleasure for the adoption s0f tloual ll'le9islation on so important R question q as the puhlic roasls of the Btate. EoI I that reason. I want ito say that a WI II vote for the 'mUtfun to My AitD SnO- division on the table. I Mir. sOates--I yielded 1o the Sgerefe-
 man from Calhoun. have a lew Il words to say in reply. to mot &gTet with the answer that he received. tsaa' I this pfoxis.on would prevent lagiAiattor I such as he stRted might be desirRbis for his county. This Is ito prevent 1D- l cal acts for the laying out, sopenine ,l altering, working roads or lhighawys I hut wherever such aegtHiation was de l sired by the ,ucuffty, as intic3ted by l the delegate frnn sCglhnup. this does I not infIibit that. and he will ind that there is another provision here, 3 I proposition that we lhRve not come 70 l yet, and which doubtless VIII be adapt I ed. proxlding that where any ching is | desired lin the way of local ifegisl3tior | which has not been or cannot be pFop-
 erly ppovided for by a general law
 that local legislsttiUn may be hAn 1o
 erfectuate 1t. It would be nonsensical l 10 tie up the LegislHttlre so that 1t | never nouId paBk an net in any uMSe' | That is not w'lRt Is t1Ttenaea. It is 60 I stop unnecessary acts. For dnBteMue.
 a member may get up and desire 70 an- l troduce a hill to exempt A. B and C In l his county, from road duty, @na as Q matter of courtesy, as the thing ts nov l he would be exempted. We do moi l want to have that kind of legisIation
 There has been S1ucn m0re of 1t MlTah
 gentlemen claim upon This 8eor, end \ there would be general law anthuriz- ing the County Commissioners to dc all of these things. You VIII find that
 under a general law that they would