The Montgomery advertiser., 1901-07-12

sion on that subject they had stopped that kind of favoritism by special acts of the Legislature and had put the citi- gems of the State generally upon the same footing. But how were their ex- pectations disappointed and defeated? By the circumstance that under the provision which that Convention made and congratulated itself upon, it turned out that the provision was faulty be- cause the determination of the ques- ti6n as to whether or not the relief could be obtained under the law as 1t existed or under general legislation was left entirely with the Legislature and that the courts could not determine 1t. Now is there any hardship saying to any man, any individual, corpora ton or association that if the laws of the State have already provided for your case and you can get every thing you could possibly get by appealing to the legislature, you ought not to consume the public time in trying to get the legislature to do what has already been done for you. That is all this provision means.
 Mir. Bethune-Suppose the legisla- ture. after this Constitution has been made and adopted by the people, sup pose the legislature meets and passes a general law forbidding the organizing or establishing of any more dispensa- ries in this State and a town or city desires one. how would the town or city obtain one if that section is adopt ed? --
 Mir. walker-I really don't under stand the purport of the question.
 MT. Bethune-Suppose the legisla- ture, after this Constitutional Conven- tion adjourns and the Constitution is
 L@ n1 od meets and passes a general law for bidding the organizing or establishing of any more dispensaries in this State, and suppose a town or city desires to establish one. how would such city or town obtain one if this section were adopted.
 MT. Walker-That would be just the reverse of the situation. In that case there would be no general law under which the relief could be obtained and this is not a prohibition upon a town or city in that knd of a case. It pro- hibits local or special laws only in the classes of cases in which the relief de- sired could not be obtained. That Is the kind of cases.
 MT. Robinson-I ask the gentleman suppose the legislature were to pass a general law allowing a county to issue bonds for the purpose of building court house and prescribe the rate of interest at 6 per cent and the county could not float it's bonds at per cent but could only float them at per cent and the legislature were to pass special law allowing them to issue bonos just as in a general law and pro- | vide a rate of per cent, how would the courts decide that question? MT. WaIker-I am not able to say. b,,t hot ha provisions contained in this section. This section prohibits special law | only in cases already provided for by general law.
 Mir. Robinson-Suppose there is a general law providing for the issuance | of bonds to build a court house and providing the rate of interest of per cent and this county cannot float the bonds at 6 per cent, could they pass a special law for the issuance of bonds at per cent. would that be held to be in conflict with the general law? | MT Walker-I am not able to answer your question.
 MT. Robinson-Wouldn't it be better | to leave that matter of whether that l could be provided for by general law | to the legislature and not for the court because one is acting at the time they pass the law and the other is called on to act afterwards when substantial rights of individuals are affected by l 1t?
 MT. Walker-I think not The only question is. all these cases imply that one body or another should be required to answer this question, either the leg isiature or the court. You cannot in fairness say after. the experience we have already had that leaving the pro- vision as it is under the Constitution of 1875, the legislature will really ask itself the question. Nobody will pre- tend to say that. Nobody will pretend to say that in reference to these mat ters of local and special legislation that have been adopted in Alabama that the legislature has ever paused for a moment to inquire whether those | cases are such as could be provided TOT by general law.
 MT. Malone-Section which has al- ready been adopted makes provision for the repeal of any local law. Now i6 some adverse legislature were to re- peal for instance the laws on the dis l pensary question, which were passed for the purpose of meeting the wants of a certain locality, could they ever get 1t back except under general laws
 MT. WaMer-It could readily be pro- vided for under general laws by which | a community cOulu get lnelE oNu uS- sires in that regard.
 Mir Malone-When you are out you can't get back any more?
 Mir Walker-Not under the local law The fears of the gentlemen who have the dispensaries in their minds through out the discussion of the matter have made the gentleman lose sight of the purport of the provision. 1 think 1t Is obviated by the provision that that matter should be excluded and that il 1 should be left the subject of local and special legislation. I thought every body was satisfied that it was disposed of in that way.
 Mir Watts-I move to table the amendment offered by the delegate from Clarke.
 The motion was withdrawn at the request of the delegate from Lee.
 MT. Harrison-L dislike to discuss any question that has been already fectly willing when the motion was made to lay on the table. but that mo- ton was withdrawn and argument dr favor of this subdivision has been gone into quite extensively. I have listened attentively and have tried tC ascertain the ciews of the Convention and after listening to those views see no use whatever for this subdivis' ion as reported by the Committee. agree with the distinguished gentle
 man from Madison that so far as the
 part of the section read by him there can be no opportunity for harm in 1t
 but 1 cannot see any use of it. To the