The Montgomery advertiser., 1901-07-13

report a& " AW0ys .the e@s~.
 President pro tem-fhe report VIII take its regular course unless the con vention oraers otherwise.
 The Convention then proceeded with the regular order of business, and after the conclusion of the call of Commit tees:
 President pro tem-The next order Is unfinished business. The question IS on the amendment to section or the report of the Committee on Lecal Leg islation.
 MT. Hinson-I wish to offer an amendment.
 The Chair-There is an amendment pending.
 MT. Hinson-I offer my amendment to that amendment.
 Mir. Foster-The amendment, think was withdrawn.
 MT. Hinson-There was an amend ment by the Chairman of the Commit tee on Legislation, and there was an amendment to that amendment Dy the gentleman from Dallas. and the gen ltleman from Dallas by unanimous con- sent withdrew his amendment.
 Mir. O'Neal--I have substitute Tor the entire section.
 Mir. Oates-The gentleman IS quite correct l had. for the Committee on Legislative Department. submitted the Section found in the present Constitu- tion and on yesterday afternoon ex- plained it. and the gentleman from Lauderdale had the floor speaking against it, and at the time of adjourn tnent I had been recognized for the purpose of propounding a question to jim, but the clock struck the hour or Adjournment and we quit at just that point. I did not get the opportunity to bropound the question.
 The President-The Chair so under- itands.
 Mir. Hinson-My amendment has all leady been sent up. l have been rec bgnixed by the Chair. and the substi- ute offered by the gentleman from Lauderdale is out of order.
 President pro tem-I will state to the kentleman that the substitute has not been accepted, it has not been read or announced.
 MT. Hinson-I had the floor for the purpose of introducing my amendment, and claim it is In order to read my amendment.
 President pro tem-The point of or Her is not we'll taken.
 Mir. O'Neal--I had the floor at the lime of adjournment.
 Presbident pro tem-The Chair will state that he had recognized the gen. kleman from Lauderdale. that is why he decided the gentleman from Lown- ies was out of order.
 Mir O'Neai--I desire to have the sub Etitute read for Section and pending amendments.
 The Secretary read the substitute as follows: '"The General Assembly may by general law confer upon courts of teunty Commissioners. Boards Of Rev fnue or other. courts, or upon such oth- fr tribunals in each county. as may be created by the General Assembly, Euch powers of local legislation and ad- ninistration touching such matters and things which are not provided by gem eral law, and are not inconsistent with the provisions of this Constitution, as he General Assembly may from time 10 time deem expedient."
 MT. O'Neal-Mr. President, the pur- pose of that amendment, or substitute, was not to confine the legislature to Hesting legislative powers entirely in Courts of County Commissioners. Boards of Revenue or other courts Of ike Jurisdiction, It authorizes the leg stature to create in any county in the State such a tribunal as the necessities In that county may require, upon which ran be vested such legislative powers as may be expedient. Now there may be count, in this State that are un- willing to confer upon the Commission CTS Court any such legislative powers. The purpose of that substitute is to authorize z.
 MT. Fester--I would like to hear that substitute read.
 The Clerk again read the substitute.
 Mr O'Neal--I desire to state that the only change made in the original sec ton. is by adding the words ''or such ether tribunals in each county as the General Assembly may create" and changing the other words in the Sec ton which say: Touching all matters and things not provided by general hW," so as to read as follows: Touch ing such matters and things not pro- vided by general law" The idea be- ing not to require the legislature to confer upon such tribunal legislative power as to all matters not provided for by general law. but such matters not provided by general law as they might deem proper.
 Mir. Cobb-Is 1t necessary to put that in the Constitution in order to give the legislature that power Haven't they that power without this In the Constitution?
 Mir O'Neal--I do not think so under the authorities which l read yesterday evening Cooley on Constitutional Linn itation, and other decisions, that the legislature could confer power upon any other tribunal. without provision in the fundamental law to that effect. The doctrine laid down in Cooley on Constitutional Limitations was that the legislature could not vest it's legis- lative power in any other tribunal, and the legislature of New York. realizing that difficulty did provide in their Con- stitution a provision similar to this. Now we are not welded especially to the idea of conferring this power upon the courts of County Commissioners. There Is force in the argument that in some counties it might be dangerous on account of the character of the courts, hence we provide that the legis- lature can. whenever necessity arises, create in any county in the State, a special tribunal in which they might vest any matters of local legislation that they think expedient. This don't require the legislature to do 1t, but simply gives them g bower if in the future a contingency of that sort should arise. In my Judgment Gen rral Assembly can provide by general law for most of these matters, still we cannot foresee what the future may bring forth, what we want to do is to provide for q contingency that may arise.
 Mr. weatherly (Jefferson)-I desire 10 ask if the substitute uses the words "or other courts?'
 Mir. O'NeT-It does.
 Mir NaatherIv-I think it m Eht