The Montgomery advertiser., 1901-07-20
Honrx-NzHTx DAT.
MONTGOMERY, ALA.
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 MONTGOMERY. ALA. Friday. July ls. 1901.
 n Ccnvention met pursuant to ad- 1ousuuneat. was called to order by the Frors<Snt, and opened with prayer by E 1hs Eeer. C. B. Mcdaniel as follows.
 Anm1xhty God, 1t is good thing to Siva 4Sanlks unto Thee, and to sing nralasn unto Thy name. o. most High, fo rHrw forth Thy loving kindness in fhe Worniug. and Thy faithfufness everv u3xHt. We praise Thee Tor tne refrnmhfng showers of rain. we praIse Thee thnk Thou has blessed us m pas let and In store, We praise Thee TOT civil and religious liberty. we praase Thee for the gift of Thy Son, our say for. We beseech Thee to help Thy ser vnnfs 4o do the work which will bear wituess to Thee; help them to work whila tt is day. for the night cometh when uo man can work. We pray Thee Sto nleas the homes we represent we commend one another to Thy tender care. rhou knowest how frail we are. Thop nrf not only able to keep us rom failinw. but from falling; Thou art able fo present us faultless at last. Pardon our u1ns- Deliver us from evil This we ask ln the name of Christ. our SaVfor- Amen.
 Upun the caIl of the roll 1Io delegates responded to, their names.
 Mr. Merrill in the chair.
 Mr. desraffenreid-I rise to a aues- lion of personal privilege. The steno- ! xraphic report incorrectly reports come remarks that I made on yesterday hut do not want to take up the time Of the House in correcting these re- marks now, and ~iil ask leave to be allowed to write out what did say and hand it up to the secretary so that the correction may appear in tomor- rows report.
 There being no objection leave was granted.
 Leaves of absence were granted MT. Waddell and MT. Kirkland and Mir. I4edbetter for Saturday. MT. Porter for Saturday. Monday and Tuesday next.
 Mr. watts--T rise to a question of personal privilege. Several days ago in the discussion of a measure upon the a10or of this House I asked the question nf one of the speakers whether the Tax Collector of Dallas County had not de- posted money of the State n the Con- nercial Bank of Selma, and having lost 1t, applied to the Legislature for relief. and the bill was vetoed am inform ed that the information '.pon which l
 
 feel perhaps an injustice might have been done the Tax Collector of Dallas in my question: and therefore l desire to disciaim any such intention and to state that I am satisfield that the fn- formation upon which asked it was erroneous.
 The Committee on .Joirnal reported that they had examined the journal for the forty-eighth day of the Convention and found the same to be correct. And upon motion the report of the Commit tee on Journal was adopted.
 MT. Coleman (Greene)-I believe this is the proper time to bring up a motion for the reconsideration of section that was adopted late yesterday, and so would like to proceed with 1t.
 The President pro tem-The gentle man will suspend until after the roll call. The proper time for that question to come up is immediately after the roll call The Chair is in error and the gentleman will proceed.
 MT. Coleman tGreene)-f the dele gates will look at the sixth column of the stenographic report they will see the section as 1t was adopted yester- day afternoon here about midway 1t reads as foliegs: During any regular session of the Legislature the appro- priations for each four years before the next meeting of the Legislature shall not exceed in amount the income from the revenues of the State for each of said years respectively, as estimated by the Governor and Auditor" I hesitat- ed to vote because 1t was my opinion that the proper construction to be placed upon that section excluded the authority of the Legislature to appro- priate any surplus that might be found 4e4 &l.ra >f.xt examination my conclusion was correct. Read 1t for yourselves and you win see that the Legislature has no authority to make any appropriations at all at any time other than those estimated by the Governor and Auditor. Now if the revenues should exceed that estimate year by year for the four years, when Q new Legislature might be convened and for all time. 1t has no authority to malce any appropriation of any surplus that might accumulate. I gave notice that I would move for a reconsidera- tion for the purpose of enabling the Le- gislature to appropriate any money that might be accumulated and in &C., cordance with that motion have pre- pared an amendment. You will see that l have added a little to the amendment to meet the views of cer- tain gentlemen in regard to the Capi- toi. It reads in this way: To amend Section 27 by adding to this section the following: Any surplus that may be in the State Treasury provided if from any cause it becomes necessary to rebuild the Capitol of the State, the Legislature is authorized to make sucn appropriations as may be required" do not anticipate that any such emergency will arise and according to my opinion there will be plenty of money in the treasury for such pur- pose; but to meet the remotest contin- gency that might happen, that amend Tpent has been added to the one I pro- rose to make. I therefore move that Section 27. as adopted. be reconsidered that 1 may offer this amendment.
 Mir. Oates-I cannot share in the D. prehensions of the delegate just ad- dressed to the Convention. His appre- hension seems to be in the first place that the Legislature cannot appropriate beyond the estimate made by the Gov Rrnor and the Auditor. as for the future incomes. the estimates made by these officers fixes a point beyond which the aggregate appropriations cannot go. Now his other apprehension is that if a surplus accumulates in the Treasury that under this provision there will be no power to appropriate it. Why. sir. the delegate only misconceives the Limitations fixed by this section. 1t is to prevent the Legislature from appro- priating in excess of the income: and if there be an accumulated surplus il will be because the income is greater