The age-herald., 1901-07-06
Municipalities With Over 5000 Population Are Restrained
 to { Per Gent
SMALLER TOWNS 5 PER CENT
An Additional Indebtedness May Be Incurred for Public Improve ments-Conventio Adopts
 Declaration of Rights.
BY FRANK HARVEY MILLER.

BY FRANK HARVEY MILLER.
 Montgomery, July 5-(Special. )The con vention today spent the whole morning discussing what debt limit, if any, it should place on cities. The committee on taxation had reported a section which fixed the limit at per cent of the assess able tax valuation for general purposes, with an additional per cent for provid- ing for sewers, water and gas plants, etc. MT. Weakley had offered substi- ute which allowed in cities of over GOOD inhabitants a per cent debt limit and provided that bonds issued for sewers, schools, water plants and for street as- easements chargeable against property owners should not be included in estimat- ing the debt limit. This question brought on lively debate about the business of city assessing the whole cost of street Improvements against the abutting prop erty owner. Governor Jones and other delegates from Montgomery were oppos- ed to this, while MT. Weatherly said the people of Birmingham were clamoring for these street Improvements and that they were neither afraid of death nor taxation. The section as amended by MT Weakey was adopted by vote of IT to 37. Cities under 6000 population ex- cept Gadsden, Ensley, Decatur and New Decatur can only become indebted to the extent of per cent for general purposes with an extra 3 per cent for sewers, wa ter plants, street Improvements and schools, while cities of over coco popula- ton are unlimited as to their debts in- cured for these purposes
 This leaves two sections still to be passed upon in the article on taxation, both of which are temporarily laid on the table.
 The convention then took the preamble and declaration of rights and adopted the preamble to the constitution by a ris- ing vote. This is the same preamble as in the old constitution. M
 Section 1 of the declara- -ion of rights was then adopted. which states that among the inalienable rights of men are life, liberty and the pursuit of happiness.
 Convention Opens.
 The thirty-seventh days session of the constitutional convention was called to order at 9:SO o'clock by President Knox. A prayer was offered by Rev. MT. Patter- son. Roll call showed 116 members pres ent. Several leaves of absence were asked for and granted.
 The roll was then called for the intro- duction of ordinances.
 MT. Carmichael of Colbert offered an ordinance to provide for the secretary ar ranging and furnishing the journal of tho convention and other papers to the print CT within forty days after the adjourn ment and fixing his compensation at $500.
 MT. Murphree of Pike introduced a pe- tition from certain citizens of Pike asking that the railroad commissioners be elect ed by the people, that the Legislature be not increased and that the tax on fer tilizers be limited to the cost of inspec- tion.
 MT. Reese of Dallas introduced an ordi- nance to provide that in prosecutions for rape and similar crimes the courtroom could be cleared of all persons not en- gagged in the trial of the case.
 Also to suppress the habit of using pro- fane language in the presence of children.
 Also resolution to fix the suffrage or dinance as a special order immediately af- ter the consideration of the article on taxation.
 MT. Smith (NIac A.) of Autauga offered q resolution to provide for the punish ment of vagrancy.
 MT. Fletcher of Madison introduced petition from the Chamber of Commerce of Huntsville to have the railroad com- missioners elected by the people.
 The committee on executive department reported unfavorably a resolution of MT. Burns of Dallas to amend the section re- lating to sheriffs so as to place them on the same footing as other county officers. It also reported unfavorably a similar ordinance introduced by MT. Hefiin of Chambers. There was a minority report as to this ordinance signed by Messrs. Hodges. Carmichael and M. M. Smith.
 The committee on executive returned to the convention a petition from the sheriffs and asked that it be referred to the Judiciary committee. This was done.
 City Debt Limit
 The convention then took up the pend ing question, which was section 10 of the report of the committee on taxation limit ing the debts of municipalities to 5 per cent.
 Judge Walker of Madison opposed the section as reported and said that he had prepared an amendment which he thought would suit all parties. This fixed the limit at 5 per cent, with an additional per cent. to be charged on the revenues of cities and created for the construction of water works. sewers. gas or electric light plants This leaves the per cent. limit as it stands, said Judge Walker, but fixes the extra per cent. of debt for water works, etc., a charge upon the revenues of cities from said plants. They could mortgage these plants. issue bonds and pay the interest and principal out of their revenues.
 MT. O'Neal of Lauderdale spoke in fa- vor of the substitute offered by Mir Weakley of Lauderdale to section 10 of the tax article. This fixed the debt limit at per cent, with a proviso that bonds for gas and water works and bonds as- sessed against abutting property should not be included
 Unless you favor this substitute few cties," he said, can purchase their water works for instance, as nearly all the cities of 5000 population or over have already exceeded this per cent limit. We do not want to hamper the growth of our progressive cities."
 MT Weakley then offered a substitute to his substitute. This limited the debt of municipalities of per cent except for the construction of gas and water works