The Montgomery advertiser., 1901-08-11

nav Afterwards be entitled by gift, krant inheritance or devise, shall be and remain the separate estate and property of such female, and shall not be liable for any debts, obligations ana ehea Sements of her husband, and may be devised or bequeathed by her the same as if she was fenle sole. Mir. Howxe--1 move the adoption or that section.
 Upon A vote being taken the section was adopted.
 section ' was read as follows: Sec. [. The right of exemption here- inbefore secured. may be waived oy an instrument in writing. and when such waiver relates to realty, the in- strument must be signed by both the hushand and the wife, and attested oy one witness.
 Mir. Sanford (Montgomery)-l oner an amendment to Section '. The President--The Chair recognizes the gentleman from Geneva. MT, Mulkey-I move 10 strike out Section [. have no remarks to make except to say personally l do not think If any one has an exemption they should be permitted to waive 1t. Mir. deGraffenreid-I move to lay the motion on the table.
 Upon a vote being taken the motion | to t8Dl0 the pIcNdHCo.
 Mir. Sanford tMontgomery)--1 have an amendment to Section [. The amendment was read as follows: Amend by substituting for Section the following:
 "The right of exemption hereinbefore | secured shall not be waived or the real estate exempted be mortgaged. but the property so exempted may be sold by the husband and wife by an dnstru- ment in writing"
 The President--The question will be upon the adoption of the amendment offered by the gentleman from Mont- gomery.
 MT. Sanford (Montgomery)-The | waiver of exemptions by notes or by | mortgage has wrought 0 great evil to many people. That very provision has taken from them really the benefit in- l tended. Exemptions are not intended l merely to secure shelter for the man and his family. but they are also for | the benefit ot the State. As long as | man can hold any property, t is taxable, and he is supporter of the Government. His labor contributes to its prosperity, but when his property is taken away from him, either by waiver of personal property or by mortgage of real estate. he becomes instead of a supporter of the Government a charge upon the Government, It does not pre- vent the sale of the property by him and his investment in other posses sions, but the waiver or the mortgage is 8 sale practically by men who are compelled to waive these things or to mortgage this property for inferior or lower prices, and therefore for the ben 1 eft of the State as we'll as for the benefit of the individual he should hold it..
 I have offered that substitute. It will not be well to say that if you take from him the privilege of waving and | of mortgaging that, he will have no credit, because a man with property | which he cannot mortgage or cannot waive will have more credit than a man who has no property whatever to waive, and the waving or mortgaging of property Is practically the trans- ferrins of It from the family, and 1t is an impoverishment of the State to that extent. and therefore l have of fered this substitute and 1t is also of- fered at the request of many of my constituents.
 Mr. Long (walker)-As a member of the Committee on Exemptions, if 1t were not we'll known that my modesty would not permit such a motion would be tempted to make a motion that this Convention, by a rising vote, | tender this Committee a vote of thanks for having reported back one Section of the old Constitution verbatim. Now this substitute offered here Is absurd on Its face, and it requires but a mo- ments' thought to see the absurdity of such a propositlon.In the first place, a poor man with a homestead could never borrow money on it. and he could never get any advances, and if this amendment were adopted the Constitution would not get a cor poral guard from the poor people of this State.
 MT. Sanford (Montgomery)-Wou he have more credit if he has prop | etty?
 ,Mr. Long-IIe could not get any credit for any property he could not mortgage or waive. This is in violatton of the Democratic platform and I Bay that this committee is entitled st6 a blue ribbon for reporting the article back without any change, and l move to lay the substitute on the table.
 Upon vote beIng taken the motion to table the substitute prevailed.
 MT Howze-I move the adoption of the section.
 Upon a vote being taken the section was adopted.
 Mir. Howze--I move that 1t be en. grossed and ordered to a third reading.
 Upon vote being taken the motion was carried.
 The President-The next order of business will be the report of the Com mittee on Impeachments.
 (Mr. Waddell-I understand that this report will precipitate somewhat of fight and I move that this Convention do now adjourn. Expressions of dis sent.)
 Mir. Hood-+There is a minority report to each section of this report, and hence I move that the article be taken up and passed section by section.
 Upon a vote being taken the motion was carried.
 Mir Coleman CGreene)-There Is a
 minority report upon every section and we have gotten along very fast this morning with our work and l move I that we adjourn.
 The President-The gentleman from Russell made a motion to adjourn, and the Chair failed to recognize him be- l cause he had not heard from the chair man of the committee.
 Mir. Hood-The committee are per fectly willing to adjourn until Mon day and think perhaps 1t would be better. will state that the committee have reported an ordinance repeating that portion of the report of the Com
 mittee on Executive Department au- thorizing the Governor to suspend the | Sheriff We would have to have A. full