The Montgomery advertiser., 1901-08-08

public utilities over, along and under the streets of incorporated cities and towns shall not be granted. except by the proper legal authorities of such in- corporated cities and towns.
 I think 1t properly belongs in this | report. It Is there in the old Consti- tuition under that head and we have | acted on 1t and have no private opin- ion but I submit that there is really | nothing in this report that ought not | to go under the head of corporations | or taxation and 1 think that the Con- ventlon will see as we progress, ana while the Chairman of the Committee has so clearly agreed with the Com mittee on Corporations. I think the phraseology is a little better. l think it probably belongs there and
 the Committee on Harmony can arrange it. I move that this section be that of the Committee on Corporation. MT. Boone--I think 1t very inexpe- dient that every section that comes up here should be passed to be taken up at future date. We want to get { through with these reports. If this | Convention is of the opinion that the 1 article as reported is better than the | Corporation Article which Is the last one on the report, which took weeks and weeks to get in here. and finally got here and now everything is to be i tied up because it is to bs the last, I object to it. If the C-onvenEon thinks it is better covered in that I would rather see them table this than to put the whole work back. The Committee on Harmony are working every night trying to get their work up for this Convention when it Is ready to adjourn to put their work before the Conven-
 tion. and if everything is to be staved off to the last day they cannot do It., and I for one would rssher see 1t ta- bled than put in that attitude.
 MT. Howze-It seems ts me that the
 President of this Convention or some one has made a great, raist1ke in es- tablishing this Committee on Mun!ci- pal Corporation. After changing what has been done, as my friend says there is no place In 1t for Committee on Corporations I submit if there Is any necessity for the Article on Muni- cipal Corporations and ] insist that
 there is, this section properly helongs in that article. It Is upon the subject of municipal corporations. and these
 municipal corporations should regulate
 the affairs of the different municipall-
 ties especially as to matters of iran chise. It seems to me this Cpnvention
 has been very hasty in its action ai-
 ready upon the report of this commit tee. It is a report that has been thor
 ouRhly adjusted by 1t and they have
 presented some fine sections wnlch
 should be in the Constitution or tne State especially in the matter or Mu-
 nicipal Corporations and ! do insls'
 that better respect should De pald to
 the articles presented by this Com.
 n,ittee. I hope that this section will
 not be relegated to be put in benino
 this Article on Corporations. It pe-
 longs here and I think we ought 10
 nut if here. It is fine article and
 shouid be adopted. Municipal corpo-
 cation should regulate these things. II
 is important that they should ana II
 we are to have an Article on Mulil-
 cipal Corporations this Is the place TUT
 this section. ,, ate
 ,.r unon questions of this character
 This State has existed good long
 whils and has had several Constltu-
 tions We have never had an artlcle
 unon municipal corporations peiore
 apd inc discussion this afternoon
 noaLes if clear that at this time there
 is no necessity for an article upon
 municipal corporation. l nave a,..or M, amined 1t section py secelo. through and to the very ni', l of my aDlllty hdNS ao,,o, tu.o of these sections which, 1t seems W t"p me ought to be in the Constitution
 The legislative power Is ample TOT al
 tha nrovision which they have set uI
 hare ana if they are incorporateo III
 Cactiop 24 of the present Constltut'oh s all nrevious discussions In the irst pHL
 of this report would have been uis
 nos,ad of and satisfactorily py cohs', tutional provision, which nas peen indicated by the Supreme court ol lnis
 Stote time and again. Now, IL may pe that at the close of Section !, II an not considered out of order would pe , ,.o,v nroner place for the amendment
 eupqested the other day by the dele'
 cate fro n Montgomery, MT. Macuoh,
 oId anI Section [, where certain naineo
 tnwns have been excepted out of the oneration of the general law.
 Mr Roone--I rise to point of order Tho question under consideration IS 'n'
 substitute offered by the committee '. , Section 5, and the gentlenian ID ,o
 addressing himself to that supstltute
 Mr. Coleman-I was aware or the pc . s,tion and I stated If I may be permit ted to call attention To It.
 , Mr. Boone-I make the point or or The Presidential seems to the Chaii
 that the point of order is well taken Mr. Coleman-1 move to lay Section , and the substitute on the table.
 Ire President-The substitute Wd' accente1 unanimously by the Conven ton. The motion Is to lay the sectior , as amended upon the table. Mir. White--I call attention to tn'
 fact that the substitute was not unanl , mously accepted. The gentleman iron : Lee objected. .,,oo MT. Harrison-1 withdraw the opJeo ton. LII, oi, The President-The Chair will agar . submit the question of the acceptlnt inc substitute. Unanimous consent l' !, asked that the substitute may stand 1T , lieu of the original Is there oo)e' . tion? The Chair hears no objection 7 Thereupon the gentleman from ireen' F moves to lay upon the able the sectior
 as amended. ,
 Irpon vote being taken, division
 was called for, and by a vote of ayes 2 94 noes A, the motion to table was lost Mir Boone-I move the previous ques !, ton on the section as amended ., Mir. Graham Mcntgomery)- VII ask the gentleman from Mobile 1T m ; will not withdraw his motion for th | previous question in order that I ma! \ offer Section IS, under the report O the Committee on Corporations as i substitute.
 MT Boone-I decline to withdrlw. The President-The gentleman de 2 cljnes to withdraw. The question is . shall the main question be now put?
 I'pon a vote being taken, division | was called for, and upon a further vot