The Montgomery advertiser., 1901-07-11

ment to be considered in relation with section on Local Legislation. The Con- veution had already reached Subdivi- sion 32: Permitting fines, penalties or forfeitures.'' .s.# i-s
 There being no objection or amend ment, Section g was adopted.
 The clerk here read Subdivision B.
 33. Providing for. the conduct oi elections, or designating places Of vot- ing, or changing the boundaries oi wards. precincts or districts, except on the organization of new counties.
 Mir. Thompson (Bibb)-I offer an amendment to strike out the words providing for the conduct of elec- ttons, etc." Under that. the Lesisla- ture could not pass local law to pro- vide for the vote of a county as to whether they should issue bonds, or a municipality as to whether they should have a stock law, dispensary, prohibi- tion or local option or anything along that line, and I do not see how it would be possible for the General As- sembly to provide for those cases un- der a general law. and therefore hope that the amendment will be adopted and those words stricken out.
 Mir. Oates-I have great respect tor the opinion of my young friend, the delegate from Bibb, but l cannot see the force of the amendment to strike out Providing for the conduct of elec- tions or because then If the amend ment be carried, striking out providing for the conduct of elections locally and exceptions to the general rule. This of course prohibits the passage of any To- cal law providing for the conduct of elections to designate the place of those voting or changing the place of vot- ing, except upon the organization of new counties. If there be good req sons for the amendment of my friend. I would not object to it, but l have not seen one of them yet in his state ment, don't know why it Is he wants to knock out providing for elections of a focal character, it is not intended to interfere with general provisions for elections at all.
 Mir Harrison-I would like to know from the Chairman of the committee, the necessity TOT this provision. Under the general law 1t provides that they should be all elected.
 MT. Oates-Of course, and the Con- stitution in another part will provide the old one had 1t no doubt-that laws governing elections shall be general This has no field of operation except to prevent local legislation, to regulate elections in the locality different from the general law, and 1t provides not only for the conduct of elections. but changing the boundaries of precincts, etc., except the organization of new counties-that part is not objected to nor proposed to be amended. I am not able to see the reason for the amend ment, therefore l don't think it ought to be adopted.
 MT. Sanford (Pike)-I desire to gay to the Convention that I see this thing like the gentleman from Bibb. 1t cc- CUTS to me that If this subdivision pre- vails in it's present form without the amendment, that the Legislature would be prohibited from providing for any election for local matters.
 Mr. Walker (Madison)-Would the gentleman permit me to make sug- gestion? Would there be any dimcultv at all in providing for holding lcral elections, etc?
 Mir. Samford-Well, it is so Iauch easier, MT. President. whenever the Legislature is providing for the holiing of an election, for them to provide for the holding of an election at that tune. than it would be to pass general law that would be applicable to every phase Ol lOCdI LuhlLeTS, uO Utk SSS any necessity for this section.
 MT. O'Neal-Wiil the gentleman rer- init an interruption? If you wish to pass a special law. could you not in- corporate into 1t a provision eS te elections?
 MT. Samford--I doubt whether you could under this clause.
 MT. O'Neal-Certainly., if you pass q law about whisky you would have the right to provide for an election in it.
 MT. Samford-I may he in error about it, but it occurs to me you could not do 1t with direct prohibition in the Fundamental law of the State. Sup pose a county wanted to issue bonds. You have provided that it shall not be done without an election, aud yet you go on here and say if the Legis- lature falls to pass general law cnv- ering all of these local elections that then there would be no way of fixing by law for county to vote for the is- suance of bonds. or town, municipal ity or anything else.
 MT. Oates-Yotl are mistaken in that. because no report has been made yet that does not contain a clause that if these things are not provided for ty general laws that the Legislature has full power to pass local laws.
 Mr. ONeal-That provision for bon is requires a general law on the subject of elections, provides a law before bonds are issued and after the election authorizes the Issuance of bonds. The Iegis- lature can pass a special law author izing 1t.
 Mir. samford-For that or for any otEer local matter, and it Is at least susceptible of these constructions, and, therefore, I do not see any necessity for putting a clause in the Constitution that is susceptible of two constructions where injury might result from it. I did not desire to cut off debate, and, therefore. did not move to lay the mat ter on the table for that reason. if any body wishes to discuss 1t.
 The President-The question is on the amendment offered by the gentleman from Bibb. Is the Convention ready for the question?
 The previous question was ordered, a division called for and, by a vote of 40 noes to 32 ayes. the amendment was defeated.
 Mir Oates-I move the adoption of the ub-division.
 Mir Parker (Cullman)-I desire to of fer an amendment.
 The clerk read the amendment as fol- lows:
 Amend Subdivision 33 by adding to the same the words, 'and changing the lines of old counties"
 MT. Parker-That is offered for the reason that in the report of the Com mittee on State and County Bounda- ries we have a provision for a special al ne oII