The Montgomery advertiser., 1901-07-13

4H0 UU 4H tn1uo enumerated Guh5ect4 | te Wh1ch they are prohibited from
 4ln8 local laws. they could not con upon Commlssioners' Courts or
 ft8 of like jurisdiction, power to
 1Iate on any matter enumerated
 ein. but on all other matters they
 (r. white -Thers will be sixty-six {hcss Legislatures?
 E XEr- orNeaf--Yes sir.
 4f. White-Five members in each
 1lrs O'Neal--Yes. sir.
 ula white That would make sso
 III. oNeal--They have them now.
 Mr. White--We only have 100.
 0lr- O'Neal--But you have the Com uIesiouers' Courts now.
 Q1fs White-Then you give thirty fhrec days for legislative purposes W4ich would make up an expenditure of $35. 900. besides the local bodies?
 Mir O'Neal-I have never made the calculation. But suppose it does cost $5e 900. My information is that every local act in these volumes cost from 4Se to $160 each. I get that informa- lion from the Secretary of State. M<. Pettus-I want to ask a ques- ton which the gentleman from Lau- derdale has partly answered. This Sec- ton is not self-executing. I want to QSk if the Commissioners Courts have 4uthority to pass any local legislation except on matters especially delegated e them by the General Assembly?
 Ar. O'Neal-Of course not. The Gen. eral Assembly in vesting the bodies with legislative powers will define es. :, pecially the extent of their powers and ths subjects over which they can leg &s1ate.
 The time of the gentleman here ex-
 Mr. Cunningham-Can have unani- mou8 consent to ask a question?
 The consent was given. --
 Mr. Cunningham-I would like to aSk the Chairman of the Committee if this Section now pending is adopted. could the General Assembly authoriza the Commissioners Courts or such other tribunal as may be created to grant divorces or relieve any minor Of the disabilities of homage. or change the name of any corporation or corpor- ate town?
 MT. O'Neal-No, sir; That is provided by general Jaw or the relief sought can be given in a court. The last part ot tho Section says: The General Assem- bly, shall pass general laws as to the eases enumerated in this section.
 Mir. Cunningham-The point I want to arrive at is this: Could the Gen. eral Assembly, in passing a general law. delegate to the Commissioner Courts the power to Legislate upon these thirty-five exceptions or on any of themg
 Mir. O'Neal-on none of them, because & on all enumerated subjects the Gen. eral Assembly is required to provide general laws.
 MT. Cunningham-But suppose one of 0v~oI fs.x Ao ln1a st to the Commissioners Courts to pass on the granting of divorces or remov- ing the disabilities of homage. sl MT. O'Neal-Granting of divorces is \ already inhibited there and the re- f moval of the disabilities of homage. Mir. Cunningham-But whatI want to know is, if we are transferring the au- thority from the General Assembly to legislate upon the questions here in- hibited to the little sub-Legislatures created in the counties?
 Mr. O'Neal-That is not the meaning of this provision. and if it is suscepti- E bIe of such meaning. l am willing to N amend 1t.
 Mir. Cunningham-Then I am willing E 10 vote with you.
 The jPresident-The question is upon doption of the substitute offered delegate from Lauderdale for 6, as reported by the commit
 ading was called for. and the .Iel n read the substitute as follows: The General Assembly may, by gen. erai law, confer upon courts of Coun- ty Commissioners, Boards of Revenue pr upon such other tribunal in each county as may be created by the Gen. eral Assembly, such powers of local legislation and administration touch ing such matters and things which are not provided for by general law, and are not inconsistent with the provisions of this Constitution, as the General Assembly may. from time to time, deem expedient Provided. such courts or tribunals shall not be authorized to exercise such powers of local legisla- ton except during term thereof held exclusively for that purpose, and that such term shall not extent beyond thirty days and shall not be held more than once in two yeas. But special terms of such courts for such purposes of not more than three days duration may be authorized to be called at any time by the Judge of Probate upon such notice as may be prescribed by the Legislature necessary to consider one or more special subjects of local legislation, and, provided. further. that the General Assembly may abolish such boards or other tribunals and es- TaDftSn other courts or DOQleS Wltn Hhe powers in lieu thereof, when, in the discretion of the General Assembly 1t may be deemed to be for the best in- terests of any county.
 A reading of the section for which the substitute was offered was called for and the minority report to Section 5 was read, being Section of Article s " of the present Constitution.
 The President-The question is on the substitute of the gentleman from Lauderdale for Section , of the report of the Committee on Legislative De- partment, offered as an amendment to ss&e4NeMort of the Committee on Local LegislatAan
 A vote 1being taken, the substitute was lost bN a vote of 46 ayes to 70 noes on dicfsion.A
 The President-The question recurs on the substitute of the Committee on Legislative Department for Section 5, reported by the Committee on Local Legislation.
 A vote being taken, the substitute was adopted by a vote of 9l ayes and 20 noes on division.
 MT. Robinson-I move the adoption of the section as amended.
 The President-The previous question. has been ordered upon the section as reportc] and pending amendments, and 4le question is on the adoption of Sec- k ffnr, 5 as amended and the ayes and