The Montgomery advertiser., 1901-07-13

 should call a see<ion of thc uoorG ~ l Commissioners or the Hoard = Ne<<| | nue or such other tribunal aa Iuax tl
 created for the purpose of enaeting 1D4| l eial laws. a5ssrs
 The President pro tem.--The questle
 is on the adoption of the substftute e1 fered by the gentleman from Laudex dale M Ess Ss'sf MT. oNeal--1 want to mslEs . fs1 l remarks
 | The President pro tem.-The preyiou9 | question has been ordered. 1 Mir. ONeal--But have rtght to conclude the argument. 1 MT. Dent--I want to ask the Eentle~ | man question. have not heard 1uy I speaker who has advocated the clalzso
 under consideration draw the distfnc-
 ton I asked the gentleman from Mcr~ gan, that Is. am perfectly willing. | speaking for myself, to confer upon the courts the power of administre~ | ton over things upon which they have not acted heretofore. but I want so
 know exactly the field in which you l are going to allow them to iegisiate. I suppose you have thought on that and I want to know about 1t. Mir o'NeaI-I will discuss that in l my remarks.
 1 MT. President. there seems to be q | 1 of these p. oyisions prohibiting the Lk4-
 islature from passing local laws upen 1 certain subjects. strikes down the power to create local laws. That is | not the purpose at all The General Assembly still has the rights to pass local laws on all subjects not forbidden
 in the enumerated subjects, but It must | not pass local law on subject which 1 can be provided for by general law. Ir1 << m moment ego said that we have struck down the power of the Legisleture to pass local laws. He has totally miss aprehended the section. The gentle man from Tallapoosa said we will ere ate sixty-five local Legislatures in tho State. Don't we now create in every town in Alabama Legislature. 1s not the Board of Mayor and Aldermen in every town in Alabama vested with legislative powers? There Is charter from the Legislature limiting and de- fining their powers. and who can say
 that any great evil has arisen in Ala bama from conferring upon Boards Of Aldermen the power of local iegfela- tion? Then. if no evil has arisen n | the city or town, why should evil &rtSe I in the county in conferring upon some other tribunal of like character power
 to legislate on small matters ef local | concern? The Commissioners Courts l ought to have some of those powers | The Supreme Court has decided thaf | it Ia a court of quasi legislative powers | It is a court of roads and revenues. and | all we ask is that you allow this court | to exercise such powers of administers | ton or legislation touching these srnaH matters of local concern as the Legi1- | lature in it's wiSdom deems proper 70 vest in them.
 Now it is not the purpose to give \ them any general powers of legislatfou We have to put some commence ln kne Legislature, and we have to assume that the Legislature is not going t9 abrogate it's own powers and maka Commissioners Courts in every county MT. Robinson-Will these sub-Le91B- latures, or Commissioners' Courts, be bound by the limitations we put on the General Assembly?
 MT. O'Neal--Not at all. MT. Rebinson-They can legisiate osa any of these subjects?
 MT. O'Neal-They would be just Ike
 the Board of Mayor and Aldermen of a city. The Board of Mayor and Aldermen passes an ordinances
 M. Robinson--We have provides
 that the General Assembly cannot pass any special law and certain other engxa merated matters. Now can the ctNss5 missioners' Courts pass laws on subjects: An.na-,e,,
 ,Mr.. o1Neal-If the LegislatuAS ssos " ,,s V tlsesn with the power. ls,slss MT. RobInson- Could they changt ts5
 fees of Justices of the Peace in each
 beat?
 MT. O'Neal-No. sir.
 Mr, Robjnson-Why not?
 M:. o'Nea,--Because We enunlerate
 long list of matters in reference %
 which we forbid the Legislature from
 passing local laws.
 MT. Robinson-And stock law IS ona of them.
 MT. o'Nsal-And we say in references
 to those matters, they must pass gem eral laws.
 Mr. Robinson-But the General As- sembly Is not bound by that.
 Mr. O'Neal-Yes it Is.
 ,M:. Robinson--And would the courts
 take judicial notice of those acts of those county legislaturese
 MT. ONeal-Let me finish answering
 one question before you ask another.
 Mr. Robinson-If you object to it, ail righ:.
 Mr. O'Neal-You will find this pr0- vision: ~0'he General Assembly may by
 general law confer upon Courts of
 County Commissioners, Boards of Rev. enue or other courts. such powers oE local legislation and admipistratien. touching all matters and things not provided for by general law" Nov
 the Legislature Is required by general law as to all matters or things that they are prohibited from passing local legislation concerning. Therefore, the Commissioners' Court could not exer- else any legislative power in any of : those subjects. I hope the Conyention understands that. Hence 1t could not confer on the Commissioners Court power to deal with the fees of Justices of the Peace or stock districts, etc.
 Mf. SmitA M. M.-Weuld 1t epe Bec- essary for each county to have an Att torneY General to define what the law is for them?
 MT. O'Neal-We have Solicitors fn every county already; and the same argument might be made against con- ferring on Boards of Aldermen any power of legislation. You may say that you are conferring on the Board of Aldermen of Decatur or of Florence powers to legislate. Who is to deter mine their power? It is to be deter mined by their charter. The Supreme Court says here is your power. you can slegislate on the subjects enumer- atad in this charter, and when you go beyond that charter. you violate the law. you have no power to do it and your legislation is void.
 MT. WhIts-These local legislatures are not restricted as I understand ex-