The Montgomery advertiser., 1901-07-24
OFFlCIAL REPORT OF THE PROCEEDINGS OF
 THE CONSTITUTIONAL CONVENTION OF ALABAMA

not quite understand the provision. Il
 may have some operation, or some
 force: there may be some evil that ii l seeks to reach, but cannot call 1t tt mind. and therefore 1 include that 1T | the motion. Then fl is provided that this section shall not prohisit the Le- | gislature from providing by genera | jaw for the compromise of doubtful claims. It seems to me that the word | ''doubtfur' ought to be stricken out There is in the administration of gov
 ernment affairs frequently policy oi
 reason for adjusting controversies with | its citizenx. that 's not dependent en- | tirely upon the doubtful character oi
 the claim. There be matters of public l policy. Now 1 do recall one instance \ in which 1 personally am interested | but not interested upon the side for
 which I am now making the motion l because really it is an effort being made to compromise what do not con-
 slider a doubtful claim, or the effort l to compromise come up when the | claim will not be doubtful. and that it i would not be to my interest for them 1 to be able to compromise, but greatly | to the interest of the city. It is mat ter of this character and there may be | other cities in the same position, where I the city of Mobile claims to own cer- I tain waterfront and there are adverse claims by the citizens.
 If the city established that claim. h l would have on its hands large
 amount of waterfront that it would not have money to improve. The improve ment of that water front would be beneficial to commerce and the busi- ness of the place. yet the claim would not be doubtful: If the city could set tie that claim with the individuals
 the individual could improve 1t and en- nance it's value to the commerce of the place. and create large class of pay" ing property. There would be no ques. tion as to the claim itself. It would moi
 be a doubtful claim, but it would be one where it would be both to the in
 terest of the city and the citizens, that an adjustment of some sort shauld be made. I merely call attention to that
 not that I am interested in this par. ticular section recaIse of that matter
 but it Is only one instance of many that
 might exist where municipality
 should adjust a controversy which does
 not depend entirely on whether the claim is of a doubtful character.
 think the word doubtful ought to be stricken out. and I ask she reconside- ration of this section for the purpose of introducing amendment such as ]
 have suggested I will say to members of the Convention that it was not
 matter of oversight, or carelessness on
 my part in not amending the section when it was presented. I was on my
 feet just before it was read, and stood
 there until 1t was passed. but did not
 catch the eye of the Chair. and the
 Chair submitted the question. and . vote on the section was taken.
 MT. Grant-Mr. Chairman, that is what I tried to get the floor for the other day when this section was under consideration. My young friend from Limestone thought was after an-
 other article. Now. this is what wanted. I want to raise the same ob- 5ection that the gentleman from Mo
 bile has to the proposition. In cases like this you cannot provide by a gen. eral law for various cases that arise under proposition of this kind. I am
 in favor of the proposition of the gen.
 tleman from Mobile. to reconsider this section.
 MT. Oates-M MT. President, the purpose | of the committee in reporting this sec | tion is plain. the phraseology may be
 a little doubtful. It is perfectly plain, ! what is meant by the language: No \ obiiga tion or liability of any person,
 association or corporation. held or
 owned by this State. or by any county,
 or other municipality thereof, shall ever
 be remitted. released or postponed or
 in any way diminished by the iegisla-
 ture." That is a clear proposition. "NoI
 shall such liability or obligation be ex-
 tinguished except by payment thereof
 into the proper treasury" There is
 probably no necessity for those words
 into the proper treasury" Payment | thereof" would meet the wishes of the 'committee and the purposes of the | gentleman. l do not know but that
 in the event of the Legislature, in Iegis-
 lating on 1t. might suppose that it so
 directed them that they would have to
 provide there would be no release until
 the money was paid into the treasury | Nor shall such liability or obligation
 be exchanged or transferred except up-
 on payment of its face value" or | course tha tis to prevent any officer
 from trafticing in claims in favor of l the State. and in favor of municipali- | ties. etc. Provided, that this sectiou
 shall not prevent the legislature from | providing by general law for the com promise of doubtful claims" Now, mark
 you, that is a limitation upon the pro- hibition that nothing herein shall pre- vent or restrict the Legislature from
 providing by law for the compromise l
 doubtful in the sense that it may not
 be considered entirely just or due. or it | may be in the sense that it is doubtful | of collection, but does that restrict the
 Legislature that it cannot enact prop | CT legislation, and effectuate the clear | intention to be gathered from the lang
 uage of this section? I think not.
 MT. Grant-May l ask the gentleman n | a question?
 The President-Does the gentleman yield to the gentleman from Calhoun? MT. Oates-Yes. sir. .+---.
 MT Grant-Do you think in that sort of case that you can enact a general
 law that will apply to all cases that will rise in the various counties?
 Mir. Oates-There is a law now in re- gard to such things. 1 don't remember the extent to which it goes, which authorizes the Governor and some of the State officers to compromise.
 MT. Grant-But I am talking about the counties.
 MT. Oates-I have no doubt it is just as easy to embrace in that general law the power to compromise as to counties as we'll as to the State, and I do not think there is any difficulty about that. In the use of the language "com-
 promise of doubtful claims" evidently
 the purpose of the Committee was in
 not striking out "dOubtful," and say ing for the compromise of claims, not
 to allow the persons charged with the compromise. too mach latitude. We all
 know, gentlemen. that one who is liable tO inc State nF rAuntV yat.ui. .inaI