The Montgomery advertiser., 1901-07-23


 MT. Coleman (Greene)-If it Is in or- der. move that the Convention remain in session until we dispose of this ar- gument.
 Upon a vote being taken the rules were suspended. and upon a further vote the motion was carried. Mir. Coleman (Greene)-I have an amendment which desire to offer to Section 63. The amendment was read as follows:
 Move to amend Section 63 so that it shall read as follows:
 The legislature shall provide by law for the regulation and reasonable re- straint of common carriers, partner | ships and associations, trusts, monop- olies and combinations of capital. so as to prevent them or either of them from making the articles of necessity, trade or commerce scarce, or from in- creasing unreasonably the cost there- of to the consumer or preventing req sonable competition in any calling, | trade Or business.
 MT. Brooks-I rise to a point of or- | der. The previous question was called,
 upon the amendment, substitute and | section.
 | The President pro tem-The Chairs recollection is that the motion was to | table the section and amendment, and
 the Convention has refused to table the section. and the amendment is there-
 fore in order.
 MT. Coleman (Greene)-That amend
 ment defines by setting out by names
 those subjects that should be interfered
 with by legislation. So far as l am
 concerned l think all these matters be-
 long to the legislature, but if the Con-
 vention Undetermined to adopt any pro-
 visions looking to the end sought to be obtained by Section 63, then offer that | as substitute, or as an amendment to | take the place of 1t. The difference
 between the original Section 63 and the amendment is that is the second line, | after the words of common carriers. | partnerships and associations" are in- serted. then it includes trusts, monop-
 olies and combinations of capital" so | as to prevent them from making, in { the original section it says by artifi- cial means. and l do not know exactly | what that is, but 1t reads so as to l prevent them or either of them from making the articles of necessity. trade l or commerce scarce. or prevent them from unreasonably interesting the cost
 thereof to the consumer. or to prevent reasonable competition Tn any trade or calling. 1 used the word unreasonable, i because articles of the character in- |
 without some cost. that is the purpose of using the word unreasonable.
 think it meets the purpose intended by
 the gentleman of Mobile. but has none of these combinations and confusions. It is easily understood, if the Conven-
 ton sees proper to adopt any amend ment upon that line.
 MT. Lowe (Jefferson)-I have an | amendment.
 rNL foIl Amend Section 63 of Article W by inserting before the word regulation"
 the words prohibition or" and strik- | ing out the word and immediately after the word regulation" in first line.
 l Mir. Lowe (Jefferson)-If the mem-
 bers will consider the language that Is employed in this provision as follows: The legislature shall provide by law | for the regulation and reasonable re-
 straint of trusts. monopolies and com
 binations of capital so as to prevent
 them. etc. That provision would seem
 to take away from the General Assem-
 bly, the power to prohibit the combina- l tion of capital for the purposes stated
 l do not believe that that was the | purpose of the Committee. do not | believe 1t was the intention of the Committee to take away from the leg | isla ture of Alabama the power 10 pro | hibit trusts and combinations of capi-
 tai. and therefore l move the adoption
 of the amendment which has been sent
 to the desk.
 | Mir. Brooks-I ask to have the section as amended by that substitute read so
 we may understand 1t.
 l The Secretary read as follows
 "The legislature shall provide by law | for the prohibition or regulation or reasonable restraint of trusts, monopo- lies and combinations of capital. so as to prevent them from making by such artificial means, articles of trade. or commerce scarce or by increasing the costs thereof to the consumer, or by preventing reasonable competition in any calling trade or business. Upon . vote being taken a division was called for.
 MT. Lowe (Jefferson)-If 1t is not too late I will call for the ayes and noes. The call was not sustained. MT. Howze-What is the effect of the amendment offered by the gentleman from Jefferson upon the substitute offered by the gentleman from Greene?
 MT. Coleman (Greene-) will state that the gentleman from Greene is per fectly willing to accept that So far as he is concerned.
 Mr Watta-I withdraw my call for Q