The Montgomery advertiser., 1901-07-10

 ty-six ayes and fifty-eight noes and the call for the previous question was not sustained.
 The President-The gentleman from Pike is recognized.
 MT. Samford-I desire to offer an amendment: Amend by adding after the word whatever" the following: Provided, however, the legislature shall not be prohibited from authorizing any municipality or county from conduct ing a dispensary."
 MT. O'Neal-I rise to a point of order.
 The President-State the point of or der.
 MT. o,Neal-The Convention has al- ready passed upon the same proposi- ton made by the gentleman from Cal houn.
 The President-It appears to the Chair the point of order is not well ta- ken
 MT. o'Neal-I call for the reading of the amendment of the gentleman from Calhoun-I may have misunderstood 1t.
 The President-The Chair will state to the gentleman from Lauderdale that he Is informed that the amendment of fered by the gentleman from Calhoun is not in the Clerks off1ce.
 Mir. Samford-There Is no member of
  more anxious to limit local legislation than I am. but when the Committee on Local Legislation reports a clause or a Section that is susceptible of con- struction that would limit the legisla- ture of this State from moving along the lines of a great reform that has been started in this state within the last few years, I rise for the purpose of offering my protest, and whenever such provisions are offered by com mittee, 1t occurs to me that 1t IS at least due to the Convention. composed of sensible men. that amendments and discussion should not be cut orr on the important questions that not the object of this Committee to { bid the Legislature of this State from delegstipg the authority for the operation of dispensarics in the diner- ent localities in. this State, then where is the objection to the amendment that I offer? If 1t Is not the intention or this Committee to estop the Legisla- ture of this State from creating dis pensaries In the different localities. then I say, gentlemen of the Convention, that this amendment offered py me should be adopted. It can do no harm and it certainly may prevent the ao- lnR or d STGdL uGdl OA Loi ht oS SAec VI ton as offered by the Committee on Local Legislation. MT. President, hope the amenduaept will be adopted and I now move It's adoption.
 MT, Walker-It does not strike me that an amendment of this kind Is at all necessary to accomplish the object of the gentlemen who have introduceo amendments for this same purpose dur ing the consideration of this article or Local Legislation. It is no more nec- essary, 1t seems to me. to reserve to the Legislature the right to pass local and special laws in reference to dis pensaEy or any other method Of dealing with the liquor traffic, than 1t is to reserve the right of establishing stock business or a school business by gen 1 eral laws.
 There are provisions iM this Section, | if you are looking to the establish l. ment of local. or special laws, that would not prevent the estaslishment | of stock districts or school districts but prevent their establishment by this particular meaps. local legislation.
 MT. Samford-Will the gentleman per init an interruption?
 l Mir. Walker-Yes sir.
 MT. Samford-Whenever dispsu- sary is established in county. Is Il not the usual custom or method of the Legislature to give 1t the exclusive right to sell and the exclusive privilege of selling whiskey of all kinds within l the limits of the county and within the territory that it expects to supply with liquor?
 Mir. Walker-YeS, the usual method of doing 1t Is by local or special laws | Mr. Samford-Wont this bar them from granting a special or local law? | MT. Walker-I will answer the gen tleman's question in the course of my | remarks. Now the object aimed at and 1 the object of these amendments, Is not | to tie the hands of the localities so 1 that they can not dispose of these mat ters themselves. The operation of this article upon any county is not such as to prevent these objects from be- l ing carried out by special or locaD laws, | Now it has been suggested that the | custom heretofore has been to carry out objects of this kind by special and | local laws: but the people of Alabama have forgotten that such objects can l be accomplished under a general law | Prohibition. such as provided in this Section in reference to local and spe- cial legislation has been in the Con- stitutions throughout the country. But | at the same time there are found in | the laws of various States provisions under which objects of this kind are as fully in, the hands of the localities as they can possibly make them by l local or special legislation. Alabama has been so accustomed to having each community to get it's desires only through the avenue of local or special legislation, that it has forgotten and practically lost sight of the fact that | these objects can be better accomp- lished under general legislation. Now the very object that has been men tioned here is that the liberty of the people should be preserved. I submit that 1t would be better accomplished by general legislation upon the subject The object of securing localities the
 privilege of dealing with the llquol traffic in such way as may suit tho wishes of that locality, would be fully and completely accomplished under general legislation; and 1t Is done, a: t. matter of fact. in other States of the country where they have prohio o!tior against local or special legislation gen. orally. It is not at all necessary. | is not at all necessary for the differ. ent communities of the State desirin6 different regulations in reference to tht liquor traffic, or in reference to any, thing else, that their local desires shal not be accomplished by reason of tht fact that local and special Legislation is prohibited. All of these things car be provided for and all of them can bt prescribed by the Legislature, undei which the people. acting as a body, ol through their constituted authority 1 can establish such rules and regula.