The Montgomery advertiser., 1901-07-19

it has oone m this matter, our work has been useless and if strikes me that Inis comes directly in line with the uu- ties of the committee on Banks ana Banking. and that it would be rather discourteous to refer il to some other Committee.
 The President-I will read rule A.
 The President read Rule A1 and stat ed the motion>of the gentleman from Hale. that the ordinance be referred to the Committee on Amending the Coh- stitution and Miscellaneous Provisions. A vote being taken the motion was lost and the ordinance was referred to the Committee on Banks and Banking.
 The Secretary then read Section 21 as follows:
 Sec. 27. During any regular 'esslon of the legislature the aggregit. appro- priations made shall not exceed In amount the income from the rev 'nues of the State for tlse current fiscal 'ear, as estimated by the Governor aiid Au- ditor.
 MT. Pettus-I have an amendment to offer.
 The Secretary read the amendment as follows: Amend Section 27 by strik- ing out the words flor the current f1s- cal year" and inserting in lieu there of flor the last four preceding fiscai years"
 MT. Pettus-It seems to me that there is an apparent ambiguity-it might De construed. or might not. submit II that construction be put upon 1t, the legislature would be limited in appro- priations not to exceed the income for the year in which 1t is sitting. and as it is to be held every four years 1t seems to me it ought to have the right to appropriate the income for four years.
 MT. Oates--I rise for the purpose Of moving an amendment by inserting the word annual between the words "ag- gregate" and appropriations" in the first line.
 MT. Pettus-It reads then aggregate annual appropriation?"
 MT. Oates-Yes.
 MT. Pettus--I will accept that.
 The President-The gentleman from Limestone asks unanimous consent to accept the amendment offered by the gentleman from Montgomery. The Chair hears no objection.
 Mir. Oates-This section is entirely new. and at the time it was adopted, the Committee did not know, could not know until afterwards. that four year sessions of the legislature would be adopted, and hence they could not construct 1t SD as to allow for that. My friend, the delegate from Sumter (Mr. Chapman) was the author of the ordinance from which this was largely taken. and I propose to yield the floor to him.
 MT. Chapman-The only question that I desire to ask the distinguished gen tleman from Montgomery is whether or not the treasurer was not included In "as estimated by the Governor and Auditor" It IS not ID the copy that I have here.
 The President--Does the gentleman from Limestone withdraw his amend ment?
 MT. Pettus-On looking at it further I do not think the sugg estion of the gentleman from Montgomery will an- swer the purpose and 1t will not clear up the ambiguity. I nave asked unan- imous consent to accept 1t. but l don't think it meets the difficulty. l will withdraw it. however, and let some one else offer an amendment that will clear it up.
 The President-Does the gentleman from Montgomery offer the word "an- nuaf' as an amendment? MT. Oates-Yes, sir. The President-The gentleman from
 Montgomery asks unanimous consent to insert the word annual between the words aggregate and "appropri- ation" in the first line. Mir. Oates-I did not understand the suggestion of the gentleman from | Sumter just now.
 Mr. Chapman-"Treasurer is left off. Mir Oates-Because the statute does not require the Treasurer to make any statement to the Governor at all. MT. Pettus-Don't you think it would hn hat tn gregate" and let it read annual ap- propriations, that means annual aggre- | gate appropriations limited to one years income.
 Mir Oates-I have no objection, that | won't impair the sense, the word "ap- propriations" being plural embraces all. | Mir Williams (Marengo)-I would like to ask the gentleman from Mont | gomery a question.
 The President-Does the gentleman | from Montgomery yield to the gentle man from Marengo?
 Mir Oates-I have no objections, but
 I don't yield the floor. MT. Wiliams-You intend the estl- | mate for the four years shall be based
 on the succeeding year, or say for 1905 shall be based on 1904 and 1904 on the succeeding year?
 Mir Oates-The statute now makes it the duty of the Auditor to report to | the Governor his estimate of the an-
 nual income for the two succeeding | years, and the Governor has in his communication with the legislature to inform him of those years, and If it be
 one year. two or four years. whatever | number of years, you cannot tell ex- | actly, because you do not know what | time the legislature will meet and it | is to be presumed in four years. There
 is no other construction other than the l estimates should be made up to the | beginning of the legislature. Mir Chapman-Mr. President. the
 suggestion made in this section of the | report was made in order to limit the appropriation of the legislature. in or | der that the legislature might not, in
 its extravaganza. appropriate sums
 largely beyond or indeed in any
 amount beyond the estimated income of the State during the current fiscal
 year. I don't know, MT President, ! that there has been in either the Con-
 stitution or the laws any authority or , power to limit the legislature in it's | appropriation. Now, this section was | introduced by me with the concurrence
 of my colleageus. in order to limit the
 appropriation in the aggregate during
 any regular session of the legislature l to whatever amount might be eStimat- | ed would be the income of the State
 as estimated by the Governor. the Au- | ditor anl the Treasurer. These three | gentlemen know more, or should know
 more and it is to be presumed that
 they do know more of the income of