The Montgomery advertiser., 1901-07-11

morrow.
 The clerk read Subdivision s4 as fol- lows: Thirty ty-fourth-Restoring the right tc vote to persons convicted of infamous | crimes or involving moral turpitude. Mir. Watts-I have an amendment. The clerk read the amendment as fol- lows: Amend Subdivision A by In, serting crimes between "or and involving"
 MT. Oates-That is an omission in the printing and the amendment is en- tirely proper.
 A vote beingtaken, Subdivision 34, as amended, was adopted. The clerk read Sub- division 35 as fol- lows:
 y-fifth--Refunding money legally paid into the State Treasury. MT. Pillans-I should be glad to hear from the gentleman who reported this. It strikes me that that Is rather a dan gerous section. For example. the Leg islature that sat-not the last one. but the one prior to that-there was at- tempted to be passed license law. It was not lawfully passed, but it went into the printed statute books and the money was collected wrongfully and paid by the Probate Judges into the State Treasury. The State of Alabama could not have restored to the citizens the money which have been wrongfully extracted from them had this clause been in operation at that time.
 MT. Watts-Could not the Legislature have passed a general law that wher- ever taxes had been paid in the man. ner described that they could be re- turned by the different Probate Judges?
 MT. PilIans-It may be that this is confined to local laws. l just asked for information.
 MT. Fitts--I think this section is too far-reaching. There are times. 1t seems to me, whan special bills could be enacted to pay money out of the the treasury technically in an illegal way, and there is one pending now which ought to be excepted in this stanza or paragraph. It is we'll known fact that there is now in the Treasury of the State the sum of $56, 900 which was paid in there by the Sloss- Sheffield Company in pur- chase of certain University lands, and that the controversy between that company and the University has been settled. and that a part of the settle ment is that that money shall be by special act of the legislature paid back 
 very fact that we are now face to face with one state of facts which will re- quire a payment out of the State treas 6ry by a special act. shows us that circumstances may arise of similar nature in the future. Occasion may arise when money will be paid into the State treasury which ought to, and will have to be in all fairness and jus tice paid back, and such being the case, do not think this Section, sweep ing as it is, should be put into the fun damental law. I would like to hear from MT. Davis. a Trustee of the Uni versity, if any provision has been made to get that money out of the treasury except by special act?
 Mir. Davis-I think not.
 MT. Fitts-And will 1t not require a special act of the legislature to get it out?
 MT. Davis-It has already been pass ed.
 MT. Pettus-I will state to the gen. tleman that the act was passed by the last legislature.
 MT. tftts-My information was that the case had been settled. but if it has been passed the mere fact that we were so recently face to face with a situation of that kind shows that there may be circumstances come about in which such things are important and necessary.
 MT. Oates-I think the delegates are very much under misapprehension about this provision if they will only think about 1t for a moment, Re funding money legally paid into the State treasury" Now. in the case stated by the delegate from Tusca- loosa-I do not know because l have k1I -h,xt fT1fn nation was that that money was paid in there before the transaction was entirely consummated. and that it nev- CT was paid to the credit of the State in the ordinary way, but laid there for the completion of the transaction. But without regard to that, if gentlemen will think for a moment, taxes or any money legally paid into the treasury shall not be taken out. Why, sir, if money be collected under a lawful tax law and paid into the Treasury, it don't leave a semblance of a doubt that there is no obligation on the part of the State to pay back that money at all, and ought not to be, and in the case supposed by my learned friend, or stated by him, of money wrongfully collected by probate judges from peo- pie who paid 1t over to the probate judges acted in good faith no doubt in paying the money into the treasury, 1t was money illegally collected, and there is nothing in this provision to prevent the legislature from passing laws to refund or pay back money that Is illegally collected. It is only when it is legally collected and paid into the State treasury that it shall not be refunded.
 Mir. Coleman (Greene)-Money col lected under the law-isn't 1t legally collected at the time until the law is declared unconstitutional-how is that:
 Mir. Oates-No, it is collected under law. but that law ultimately fails, and that reaches back and shows 1t was illegally collected. The gentleman cannot deny that proposition?
 MT. Colman-The proposition is when that comes up in the probate court, they make the assessment, judgment is rendered. taxes are paid under the law as 1t is at the time, and there is a valid decision by the court.
 MT. Oates-Yes. very often decisions of that kind made which fail on appeal to the court of last resort, are held to be no law-that Is an illegal collec- tion.
 MT. Coleman-I don't know about that.
 MT. Oates-while 1t was legal at the time and the officers were not tres- passers still it was not legally col lected, if the law be subsequently, de- clared to be no law, and this will not prevent the legislature in any case where money is illegally paid into the treasury. and that reaches back to where if was illegally collected If