The Montgomery advertiser., 1901-07-12

MT. Ashcraft- -Notwithstanding ws have refused to table this amendment, are we still called upon to say whether we will table the original proposition without the amendment?
 The President-That is the proposi- tion. The Convention don't have to table this proposition. That is for the Convention. not the Chair, to say.
 Mir. Ashcraft-One more question. Suppose the original proposition Is tabled, what do we do with this amend ment which we have refused to tablet
 The President-That Is for the Con- vention to say.
 Mr. o'Neal-If the Convention re. fuses to table the original Section the question recurs on the adoption of the amendment?
 The PresideDt-Certainly. The Chair will state that the peculiar condition that will be produced as suggested by the gentleman from Lauderdale might be a reason why the Convention should decline to table this proposition, but it is not a reason why they have not the right to amendment. In many cases amendments are tackled on to proposition to kill it but the Conven- ton, if it desires. can fasten on to Q
 
 A vote being taken on a division. by 50 ayes and 75 noes the House re- fused to table the Section.
 MT. O'Neal-I DOW move the adop- tion of the amendment of the delegate from Limestone and on that I move the previous question and also move the previous question on the Section, but if the gentleman desires to offer an amendment. I will withdraw 1t.
 Mir. Robinson-I have an amendment I would like to offer.
 Mr. <ONeal-Then I withdraw the motion for the previous question as to the Section.
 A vote being taken the main ques- tion was ordered on the amendment of the delegate from Limestone, and 8 further vote being taken the amend ment was adopted,
 MT. Robinson-I offer an amendment
 The amendment of the delegate from Chambers was read as follows:
 Amend by striking out after the word State in the thirty fifth line down to and including the word "court' in the thirty-seventh line, and insert, ''Unless every such special. private or local law shall contain Q recital that notice has been given as provided by Section of this Article and that the matter of such special, private or local law cannot be provided for by general law, and that the relief sought therein cannot be given by any court" Mir. OfNeal-I rise to a point of or- der. The Convention has already re. fused to strike out that very part. Mir. Robinson-This Is not a motion to strike out simply, it Is g hnotion to strike out and insert.
 Mir. O'Neal-The gentleman from Clarke moved to strike out this same language.
 MT. Robinson-But move to strike out and insert. MT. O'Nsal-If a gentleman moved to strike out a certain part of Q Seo- tion and the Convention votes it down, can some other gentleman then move to strike out that same part and in- sert something else? If he can. 1t seems to me there would be no end. The Presidential seems to the Chair that the present amendment is in or- der. The proposition Is somewhat changed.
 MT. Robinson-I shall detain the Con- ventlon only a minute to explain that provision. It is simply to strike out | the power of the court to pass on this | question, which. under this Section as it stands. may be done next week or | two years or twenty years, and allow the Legislature to put in the recitals of the bill and determine then and | there which must be carried into the act itself. and also that the act must contain the statement that the notice | has been given and that the matter Is not provided for by general law and | that the relief sought cannot be ob- | tained from any court. That is a sim | pie matter. It allows the same tri- | Akak s. fnp ha termine the question whether the mo- | tice is given and whether the relief | sought can be obtained under any gen. l eral law or through any court. This amendment provides that the General | Assembly when it passes any law must | put into that law itself and thereby i determine the question that notice has been given. that the relief cannot be obtained under a general law, or | through any court. That Is all there Is in my amendment. This matter ought to be determined by some tri- | bunal at the time the bill is passed, and not let it go on for years until valuable rights have been acquired un- der it before the matter is determined. I cited an instance to the distinguished gentleman from Madison where the court would hold that the law 1 men ! toned to him was provided by gen. eral law because there would be no evil ! dence to show why1 per cent. interest was carried into it instead of 6 per cent. already provided by the general | law. People ought to be protected In that. Suppose a Court House were | burned and under a general law they could not float bonds at per cent. and a special law is passed and the bonds sold and the Court House built and then a year or two afterwards some tax payer comes up before the court and says this law Is unconstitu- tional. We have the Court House and we won't pay the bonds. There have been a number of instances of that kind and it does seem to me that ! right in the legislative act is the place for this question to be determined. and when they carry it into the law | they are bound by 1t and there can be no chance for them to say, we did not understand this question.
 MT. Jones (Montgomery)-My dfs- 1 tinguished friend from Chambers has brought the same man back here only in a different uniform, and move the previous question on the Section and the amendment.
 ,Mr. Reese-I will ask the gentleman to let me offer an amendment which | does not relate to this amendment.
 The motion for the previous question was withdrawn temporarily, and the amendment by the gentleman from Dallas was read as follows$
 Amend last paragraph of Section by | striking out the word fixing" in line B