The Montgomery advertiser., 1901-07-04
the purpose of building roads.

the purpose of building roads.
 Mr. Kyle-What sort of roadsg Mr. Kirk-Macadamixed roads and
 very much against my opposition. Our
 representative succeeded in getting q
 measure through the legislature au-
 thorizing the issue and sale of S100, ,0O0 of bonds. That was submitted to a vote of the people and about one-tnird of the voters of the county went out and voted on that occasion. They had a small majority. Two years from
 that they voted upon the issue of
 another hundred thousand and the people voted that and l will state if it were submitted to the people of my county they would still vote another hundred thousand dollars. | MT. White-I offer an amendment.
 The amendment was read as follows: Amend Section g SO as to read as follows: After the ratification of this | Constitution no county shall become indebted In an amount greater than 5 per centum of the taxable property thereof; and in estimating the amount or said indebtedness, its then existing | debts shall be included. l The President-The question Is on the amendment of the delegate from Jenerson to the amendment of the dele gate from Limestone to the report of the Committee.
 MT. White-It has occurred to me that the main good to be accomplished IS to Increase the credit of the towns and to do that the law ought to be very clear and unambiguous. Of course we sympathize with the conditions in Colbert County. but all the other coun- | ties In Alabama cannot afford to have their credit impaired and destroyed by those local conditions. In fact. | doubt very much whether the county of l Colbert eevn. if it had the privilege under the law of increasing the debt. could do it. I do not see why anyone would be justified in buying bonds or the securities offered.
 MT. Kirk-Can I ask the gentleman a question? , Mir. White-Yes.
 | MT. Kirk-Could not the County commissioners issue warrants to pay Tor q court house and could it not pay for 1t out of the special tax to be levied of one-fourth of one per cent. l MT. White-They can do that now.
 MT. Kirk-They can't do it under this section. because 1t says when the debt limit has been reached the county snail create no further debt.
 MT. White-I doubt very much if you can get anyone to take your warrants.
 MT. Kirk-There is a special tax to
 be levied for that purpose.
 Mr. white-The gentleman might after the section is agreed upon except Colbert from it, as far as that is con- cerned, but my idea Is this, that this ought to be very clear and couched in such language that it cannot be mis-
 understood. My amendment pro- | vides that counties may become in- debted to the extent of per cent of the value of the property of the county, hut when you estimated that per cent, 1t must include all past indebtedness.
 think per cent. is as small amount as we should fix. It is as small as in any other State except one. and I am not sure but what it is as small as any other State. I know in Jefferson, with our great sewerage system upon which we are just entering we may need per cent. and take it most other counties may under certain circumstances need | 1t. AS l do not wish to discuss the matter further and it has been discus sed sufficiently. l move the previous 1 question.
 MT. Coleman (Greene)-Can I make a request of the gentleman? MT. Whites-Yes, sir. | MT. Coleman (Greene)-I would like | to hear the amendment read. | The amendment was read.
 MT. Coleman (Greene)-My objection to the amendment is to that part of it which says the existing indebtedness shall be included.
 MT. White-Inciuding the existing in- debtedness to make up the per cent.
 MT. Coleman (Greene)-Where the section reported by the committee is that 1t shall not apply. the per cent. | to indebtedness that mas already been ! haf ion?
 | MT. White-Yes. The point is this, there Is not county in the State but | what Is indebted to some extent now, | some greater and some less, and If you are to absolutely eliminate it's present | indebtedness and not consider that at all. when you go to estimate the amount 1t shall be allowed to create, it may make it per cent. The county | may be now in debt like Colbert. 5 per cent. and then you add more which would make 10 per cent. if the gentleman from Greene Is right in his construction. and I am inclined to | think he is. My amendment limits it to $ per cent. that is. with the debt now existing and the debt to be created, | that they shall not exceed 5 per cent. l Whether you like it or not. that makes it plain.
 MT. o'Neal-Can ask the gentleman . question?
 Mr. White-Yes
 MT. O'Neal-Is it your purpose to re- pudiate any debt now in excess of per cent7
 MT. White-How could we repudiate 1t when the Federal Constitution pro- tects it7 MT. O'Neal-We don't want to leave ourselves in uncertainty. MT. White-There cannot be any un- certainty. Section 10 of Article I of | the Federal Constitution says no State shall pass any law impairing the obli- gation of a contract. As understand | this amendment has gone as far as an l amendment can go. That we can offer | no other amendment and will ask the previous question on the adoption of | the section with the amendment. That will give the chairman of the commit tee an opportunity to discuss 1t. MT. Carmichael (Colbert)-I will ask the gentleman to withdraw that mo- ton.
 MT. White-I will if you will renew it.
 MT. O'Neal-I ask the gentleman to withdraw 1t as the gentleman from Greene was preparing to make some remarks. '--~
 Mir. White-I have no objection to yielding to the gentleman from Colbert. and then the gentleman from Greene can discuss it and renew the motion. MT Carmichael (COlbert)-Al 1 desire