The Montgomery advertiser., 1901-07-10


 all oyer the State of Alabama some thing like this: that wheneve1 a ma- jority of the citizens of counly rau- tion the legislature or board Y SS. nue. that there shall be vo the question in the respective Ry ties. A great many counties 4Dt want to be put under a general b pvis- ion. they do not desire any cha e of county seat and they would 6y be put in a position of inviting | vote upon the question. I want to fiA it so that any one county can authorte special act authorizing the remoAl of a County seat. but I want 1t prdided so that that act is not valid unleS the act says upon a two-thirds yoe in compliance with this Constitutpt. If you leave it like it is, they cannd have that special act starting this hove- ment for a vote for each county that desires it, you will have to pas . general law all over the State of fAla- bama inviting a question of the rehov- al of the county seat in every cdnty in the State. and there will be cdfu- sion and a discord in every county yer the question.
 MT. Reese-Will the gentleman aSow me to ask him a question?
 The President-Will the gentlenan permit an interruption?
 MT. Enthusiastically.
 MT. Reese-What would be the oh1ec- tion to passing a general law providing that no election for this purpose hall be held in a county unless cefain proportion of the qualified voters of that county sign a petition to the ,ourt of county commissioners, say two. thirds or whatever proportion yot de- sire to fix?
 MT. Jenkins-That Is my objectSn, it would invite a vote in every coun%.
 MT. ONeal-Permit me to ask Qles- ton.
 Mir. Enthusiastically.
 MT. O'Neal-Do you favor the esis- lature having the power to pass any law they please changing or foc,tiny a county site in any county in the State?
 MT. Jenkins-Yes, upon a two-thrds vote of the people of the County to be effective. -.
 MT. O'Neal-That is a different prop. osition entirely--that is a matter for general legislation.
 MT. Jenkins-If this amendment goes through it will force them to put that in the law.
 Mir. Greer (Calhoun)-Don't you think 1t would be wise to prevent any more shelby County cases coming up in the future?
 MT. Jenkins-I would rather not pass on that right now. It Is a very serious proposition and when 1t comes up we will give 1t careful consideration.
 MT. Pillans-Will there be a Shelby County case, or any controversy like that. under that amendment if adopt- ed. where it is submitted to the vote of the people?
 MT. Jenkins-No. there can be no Shelby County case because the man that comes to the legislature knows that when he passes a bill changing the county seat it has to go back to the people and be voted upon by a. two- thirds vote. and he is not going to in- troduce bill calling for the removal or the county seat unless he knows there is an overwhelming sentiment In the county for 1t. it would be suicide and political death to him to do if.
 MT. Foster-Permit me to ask a oues- tlon Would not that be the effect of the adoption of this Section and the section in the report of the Committee on State and County Boundaries? would 1t not have the same effect, that IS general law providing that the county seat should not be changed without a Fote or tWo-thlros Of the qualified votes of the county?
 MT. Jenkins-I will answer the gentle man this way: that report does not say how the two-thirds shall be obtained-
 Mr. Foster-Could it be in any other way than by an election?
 MT. Jenkins-They might leave it to a general law to determine it, but I insist that 1t is the intent of that re- port for 1t to come through the Legts- lature. Why? Because along with it Is this proposition. that no new coun- ty seat can be created except upon a two-thirds vote of the people, but be- fore they can pass on it, the Legisla- ture must pass an Act authorizing a vote in the counties-by inference, though not in so many words to apply to the county seats, the beginning of the movement should come from the Legislature.
 MT. Coleman (Greene)-May I ask question?
 Mir. Jenkins-Certainly.
 MT. Coleman-Are you in favor of refusing to a majority of the qualified voters of county the right to change the county seat?
 Mr. Jenkins-Well, I had the amend ment originally drafted for the major ity of the voters. but the Committee OA oIotC anu NOuhty bOuuoAfleS llAeQ two-thirds vote, and, in order to be in harmony with it. changed that and made 1t a two-thirds vote, to be in harmony with the majority report.
 MT. Coleman-Are you in favor of the majority of the qualified electors, if they see proper, to change their county seat?
 Mir. Jenkins-Yes, would favor that.
 MT. Coleman-Then do not see how you can ask for this amendment.
 MT. Jenkins-I yielded to ane major. ity of the committee and voed for the two-thirds rule.
 MT. Davis (DeKalb)-I move to lay the amendment on the table
 A vote being taken. the amendment was laid upon the table.
 The clerk read Sub-d divisions F, 13 and IA as follows:
 Twelfth-Providing for l change of venue in any case.
 misunderstanding the rate of interest.
 Fourteenth-Granting any exclusive or special privilege. immunity or fran chise whatever.
 MT. Ashcraft-I desre to offer an amendment: Amend Paragraph IA by inserting after the word granting" the following words: Ito any individuals. private corporations or associations"
 MT. O'Neal-' move to lay that amendment ou the table.
 Motion to Icy on the table was with drawn on request.
 MT. Ashc'aft-That amendment is offered so a, to make it harmonize with the same principle that is involved in