The Montgomery advertiser., 1901-08-14

1t pfopcr for nie to make a statement
 of my position tn the matter. The
 section of the report of the Committed on Municipal Corporations which he Is
 discussing was introduced by the gen.
 tlsman from Montgomery, who argued in favor of this report. The Conven- fion will understand the object of this provision. I believe 1t is to divest the legislature from depriving the cities and towns of this State from their proportion of the revenue derived from the license tax from these various com panies that operate in more than one
 town In the State. As far as I am personally concerned my object in sup
 porting the measure was to obtain
 from these companies for the cities
 their proportion of the revenue. The
 section now proposed by the gentle man from Clarke to be inserted in lieu of that is that the State shall collect it's revenues. and then proportion 1t among the cities and towns of the State. such part as it may decide to
 proportion. Now. I undertake to say that that law wifi be very difficult of execution. Who is going to determine how much of this revenue shall be paid to the city of Montgomery. and how much to the city of Birmingham. and how much to the city of Mobile.
 Mir Wilson-The legislature?
 Mr. Weakiey-I understand the leg islature Is to determine that proposi- ton. but how is 1t to be determined Is 1t to be determined by the -popula- tion or by the number of trains or rail- roads that run into town. and what machinery Is to be devised for carry ing this into effect. There Is one ob- 5oction that I have to the section.
 Mir. Reese-For information. Under the provision in your report Is 1t not 1n the power of the legislature to pass a lew prohibiting any city in the State from charging any license at all on express companies.
 Mr. weakley-Yes, sir; I think that is undoubtedly true. The provision in my report says that the State shall not come in and take all the license, but as I understand. 1t does not pro- hibit the legislature from saying that no city in the State shall exact li- Gense tax from these express compa- nies. or from sleeping car companies or building and loan associations. It seems to me, gentlemen of the Con- veption. we ought not to throw any thing in the way of towns and cities from getting their proper share of the revenue. and 1t seems to me that this . is the entering wedge. if the State res away from cities the right from source of revenue. why not go still 1 irther. and take away other sources of revenue which city has? I think. gentlemen. the question of uniformity of license tax i something to be de- sired and to that extent conchr with the gentleman from Clarke. but think that towns of similar size and simi- 5arly situated in the State where the volume of business done by these cor operations is about the same, ought to charge about the same license tax. think the cities of Anniston. Hunts vile and Selma. for instance. which are about the same size and similarly situated ought to charge about the same license tax. do not think one ought to charge two hundred dollars. another one hundred dollars and an- other fifty dollars. but still. at the same time do not see that the section as already adopted would interfere with that.
 Mr. Reese-Cannot the legislature prescribe for those particular cities. that they shall charge no more license than that?
 Mir. weakley-I think 1t is compe- tent for the legislature to prescribe ex- actly what license shall be charged in cities of certain population. think they nave tHS TiSHt' 1hSy nave luh control of the powers of municipalities to levy license tax.
 Mir. Barefield--I rise to a point uf personal privilege. Yesterdays steno- graphic report has me as saying: T have not been in favor of sheriffs be- Ing impeached by twelve men of their county" said: 'I have always been In favor of sheriffs being mpeached by twelve men of their county"
 The President pro tem-The stenog- raplier will make note of the correc- ton. .~.-
 Mir. Malone-I hope this motion to reconsider will not prevail. As un- understand the provision as 1t remains In the article. it is one of the highest necessity to the entire State, especial ly in towns. Under the operation of the law, these concerns are turned loose upon the entire State of Alabama for a certain license, in some instances stated on the floor here. toNbe nomi- nal. while others are quite large. The result of that is that they can go into any community that they please and do business without paying one single dol lar of tax or license in that communi- ty. I believe it is agreed that practi- caliy all of them have no property on which they pay an advalorem tax. Some of them do business the income from which is largely in excess possibly, from any other enter prise or ordinary business enterprise
 Mir. Pillans-Is it not a fact in one of the recent cases involving the right of the State to tax the property of for eign corporations, the State of Ohio found 1t necessary, as the facts in the case show t. tax the capital of the Adams Exp.%AsS Company. which was involved in business in Ohio, because the few wagons and horses that they had amounted to nothing in the cities of the State?
 Mir. Malone-That is my understand lng.- The working of it is the main thing that I am interested in. do not care much about the detail work. When you get down tG the everyday affairs. It is how much tax they pay and who gets it? Not only the express com panies and others. but take building and loan associations. Every one of those can go into the cities in Ala bama, get the benefits of the commun- ity, get the benefits of the business. | and so far as that community is con cerned. they pay not one nickle. There | are some communities in which it is ab- | solutely necessary to have larger li- | cense than it Is in others. There is no | doubt some good comes from this privi- | lege to do business in a community | and yet they do not pay their fair pro- | portion. The same principle could be | stated in connection with insurance | comps nies. Every one might state | that an insurance company should pay | napkot1 aYJaoJinf int tba |