The Montgomery advertiser., 1901-06-26

| stitufion because the people consider
 them of paramount importance, and | therefore they deem 1t wise to put them In the Constitution as guide
 boards for the Legislature.
 Because the Legfslature might do a thing is no reason why 1t should not I be put in the fundamental law if the
 people deem 1t proper to declare d per l manent policy as to them.
 It is objected that the Legislature could not know exactly what to do Purposely, 1t was not undertaken 10
 define the exact nodus Dy which the duty should be discharged. l can im- agine a case arising where the Legis- lature would hear testimony. Here is John Smith who kss been killed in the discharge of his duty. He had not q
 dollar on earth. He has two orphan children. The Legislature could give them s20 a month until they are grown.
 There might be another case. Here is a Sher,ff who is rich. There was mo- body dependent on him. He left a large estate. The Legislature might decline in that instance to make any compensation. They might pass a gen. eral law after the manner of the pen
 sion law of the United States and make
 provision by general law for these cases. t .-
 Mir. Coleman CCfeene)--Do you say | under that law the Legislature would have the power or authority to provide for twenty dollars or any other sum for the children of poor sheriff and
 would not be bound to make some D, O. vision for the children of a rich one? Mr. Jones (Montgomery)-It says dependent"
 MT. Coleman (Greene)-Will you add l that in there?
 Mr. Jones (Montgomery)-Will you let me have the amendment. Here is
 the language: Tt shall be the duty of | the General Assembly to make ade- quate provision for dependent members of the family of any Sheriff. Deputy Sheriff or members of any posse who
 may be killed or permanently injured in defending any person. in the cus- l tody of the law" Now. what is the trouble about that in the mind of my friend from Greene?
 Mir Coleman tCireene)-I suppose the gentleman has had 50 many law caits l arising out of those who are dependent on other persons and has had so much difficulty in ascertaining who are de- pendent, that he should hardly ask the question. It Is one of the mlst diifl- cult questions with which we have to | deal. .y
 MT. Jones (Montgomery)--And was illustrating that the Legislature as a jury would find what they thought proper in each particular case.
 MT. Pillans-Is 1t the theory of the committee that If this section is adop;- ed, we are to have in each such case a judicial ascertainment by the .syisla-
 ture of the condition and quality of the Sheriff as to finances, and what he left, and passing upon 1t as to what amount of relief should be given or that there should be general law?
 MT. Jones CMontEomery)-The conn mittee left that to the wisdom of the Legislature. I can only answer the gentleman as to what would do were
 in the Legislature.
 Mr. Coleman-Why not leave 1t all to the Legislature?
 Mfr Jones-I am perfectly willing to leave it all to the Legislature if :he gentleman will put "shalr' in it. We
 will take anything they want. but don't want the Convention to be in the
 attitude of saying gentleman we tnfnk 1t very well If you think it very well, to do something on this line" We want to go down on this proposition
 as 1t is, unless my friend will give bei- ter words to express our idea, and not put AAA SAAC oNbAbAAC OA tSiA~ ing the Legislature i've know If you
 choose to do 1t, you can do 1t, and \ e
 hope you will consider it." We want to give them a command-to declare that 1t is the law of Alabama that they shall consider these things. If my
 friend from Greene would indicate VI at | language he thinks would not he Ob- l jectionable to him If we can, we will gladly accept it.
 Mir. Coleman (Greene)-If anythiag Is
 to be adopted I would prefer that 1t be recommitted to the gentleman to frame something. We cannot in the hurry of
 a moment frame proper words. hope
 the whole thing will be voted down. and that 1t will be left to the Leglsla- ture where 1t belongs.
 MT. Jones (Montgomery)-How can
 the committee frame a satisfactory sec- ! tion if the gentlemen won't give us the
 benefit of their wisdom,
 M. Ferguson-I am not a practiced
 debater like my friend. the. gentleman
 from Montgomery; but he failed to
 answer my question awhile ago and
 desire now to put it In a more direct
 and concrete form. I want to ask him
 the direct question if he thinks the
 the granting of pensions is legitimate
 function of government In Alabama?
 MT. Jones-If you call the compensa-
 ton which the States gives to a man
 who suffers a burden which belongs to
 all the people and not to him alone,
 a pension, I say it most certainly is a
 legitimate function of government 1t Is
 Is not in violation of the present Con-
 stitution. answer further that we
 are trying to make a Constitution,
 where that will not be contrary so the
 fundamental law even if 1t has been
 in the past. The sovereign people of
 Alabama have a right to say, and
 hope they will say. to the Legislature,
 when these men-my offlcers-die in
 discharge of their duty you must
 do something for their famllies-for
 those who are dependent upon them"
 Property Is not more valuable than
 life. When all of mans property is
 taken fI' the public good, the State
 compensates him for all the excess
 above his proportion. It does not re-
 qulre him to make the whole sacrifice.
 This section Is only an application of
 the principle.
 Gentlemen say that becoming Sheriff
 Is a voluntary act-th3t a man runs
 for that office fer the money. If gentle
 men don't want the principle to apply
 to the volunteer, why not let 1t appiy
 to the members of the posse? He is
 not volunteer. He Is seeking neither
 profits nor honor. He is compelled to
 serve. There is not a man in this
 house who would hesitate five minutes
 to vote a reward in money payable at
 once. or payable in installments, to any soldier who did an heroic act for
 his people. Our people fight. They are
 kn IG fhaTa