The Montgomery advertiser., 1901-08-09

Lauderdale.
 MT. Howze-My recollection is that that section was referred back to the Committee.
 President pro tem-The Journal shows that It was laid upon the table. The question is upon the substitute which the gentleman desires to be read before vote is taken.
 The secretary read the substitute as follows:
 No county. city. town. taxing dis trict or other municipal corporation shall be authorized or permitted to grant any franchise or privilege for a term of years unless tha application for such franchise or privilege shall have been duly advertised and bids re- ceived therefor publicly and shall award the same to the highest and best bidder. but it shall have the right to reject any and all bids. This section shall not apply to a trunk railway nor to cities or towns or other municipal corporations having less than 5000 population"
 President pro tem-The question will be upon the motion of taking Section from the table.
 The motion to take from the table prevailed.
 President pro tem-The section which has just been read. is in order.
 MT Boune-The object of the com- mittee in putting this section into the Constitution is for the purpose of pre- venting the general councils of cities and towns from giving away valuable franchises and privileges. which belong to the public. without any considera- ton therefor. That is Tn the charter of nearly every important city in the Union. and it is in the Constitution of kentnCkV Ua iS inn to put it in the Constitution of this State to prevent the bartering away by Councils of franchises of the people without any consideration whatever
 NIT. Cobb-Why do you exempt towns under 5000 inhabitants?
 MT. Boone-We did that because of the fact that many members of this Convention said they did not think it wise. The smaller towns wanting these things to come there. do not want them shut up and be prevented from grant ing these franchises if they see fit. We did that Tn deference to the opinion of many members of this Convention. When we get to a town the size of Montgomery. Mobile. and Birmingham where they are asked to give fran chises for oil pipes or putting down gas, or the thousand and one utilities of public nature-it is to prevent the giving away or granting of these vaulable franchises in perpetuity for nothing. This committee is trying to have our Constitution uniform to the Constitution of other States. In Phi1a- delphia the other day. franchise was sold for $600,000. and so it is in all the larger cities. in Milwaukee. St. Louis. Cincinnati Louisville Cleveland. Pitts burg and in Mobile. we have in our charter that they cannot give away any more franchises. The delegate from Lauderdale (Mr. O'NeaD introduced substantially the same ordinance be- fore the committee. We thought it better to provide exactly the machin- cry, the mode by which it should be done. and how the bid should be se- cured. but the Convention differed with us. and tabled it.
 Now we put in the Kentucky pro- vision. except we do not put in any term of years. The Kentucky provision reads as follows:
 No county. city. town. taxing district o, oth T unicipality shall be authoriz- = ur ." n!:ied to grant any franchise or privilege or make any contract in reference thereto for a term exceeding 20 years" (We have left out any term of years) Cor privilege for a term of years such municipality shall first, after due advertisement receive bids therefore publicly and award the same to the highest and best bidder. but it shall have the right to reject any or all bids. This section shall not apply to trunk railway" And the commit tee has added nor to cities or towns or other municipal corpx ations having less than 5000 inha bitants."
 We think that it is in the interests of the people of the State. and we ask the Convention to consider it favorably.
 MT. Dent-What do you understand the Committee to mean by trunk railroad?"
 MT. ONeal-That is the word used in the Kentucky Constitution.
 Mr. Boone-Yes
 MT O'Neal-I would like to ask
 Mir Boone-Now just one minute. I have not a duplex mind. and I will an- sWer the gentleman from Barbour first. My understanding is it means a trunk line running through town, with la teral branches or switches tO go to the yard or workshops. or warehouses. di- verging out from the main trunk Take the Louisville and Nashville. where it runs through Mobile from One Mile Creek on southwardly, it's tracks and it's necessary switches are part of the trunk line. but # it Wan.ed to build a line we will say out St. Anthony Street to the western limits of the city, that would net be Q trunk line. That is my understanding. It seems to me to have a well defined meaning. Now l will answer the gentleman from Lauderdale. MT. ONeal-Isn't it any necessary part of line?
 Mir. Boone-Yes. any necessary par, necessary switches, etc, which are a complement of the trunk line. Now the gentleman from Mobile? MT. BroOkS-I want to ask my col league if the subs flute submitted by the Committee contains any provisions franchises given?
 MT. Boone-No sir. I think tha: | would be a matter of legislation We attempted to go into that question in the Article which was reported by the 1 Committee, but the wisdom of the Con vention tabled that. and now we put in general ,erms that can be filled out by the Legislature. Mir. BrookS-TLen as I understand, instead of granting franchise upon a percentage basis, city may grant it for lump sum?
 MT. Boone-Yes. or in such manner as in carrying this Article mo execu- ton the Legislature might regulate. | MT. Brooks-There is another ques- tion that l desire to ask my colleague. | Under this substitute, it leaves out the | length of time that a franchise might | be given. I want to ask if d corpora ton applying for franchise if they | could not get enough votes in the Council. could not get franchise for | d hundred wears