The Montgomery advertiser., 1901-07-11

lions upon the legtsiature.
 Mfr. Long (walker)--Is 1t not a re- flection upon the Supreme Court for us to say that this Convention adopts thing in the opinion of the supreme Court?
 MT. watts-No. 1t simply shows the wisdom of this Convention when the Supreme Court. the highest tribunal in tho State, points out a defect in the fundamental law and the people in Convention assembled have an oppor- tunity to remedy it, 1t Is their duty to remedy 1t, and if they do not do It they would be considered by the Su- preme Court to have agreed to the old Constitution and the law as laid down by the Supreme Court.
 MT. Long CWalker)-I don't think the gentleman understands the ques- ton.
 as you propose to. what is the use of adopting the thirty-six exceptions al- ready provided for?
 Mir. watts-The reason of adopting the thirty odd prohibitions already adopted was to point out specifically to the Legislature the things that they could not do but this provision Is to prohibit them from passing any law of the same nature in regard to other subjects which are not mentioned and which are provided for by the general law
 Mr. Grant--You go on and state that the courts and not the General As- sembly shall judge as to whether the matter and So on. Now a man who wants to have a local measure intro duced. . bill of doubtful character. don't know exactly whether / it is local or general. Now how will he get the determination of the court?
 Mir. Watts-He don't get the deter nination of the court, but it is the presumption that in every Legislature here are some lawyers and if they ire lawyers they will know whether or not there Is a statute in the book which covers pro- posed measure, and if they are lawyers they will know whether the relief sought by the particular measure can be granted by any court md not by the Legislature. and that ' the reason it is put there, because ne Supreme Court formerly held that he right was left to the Legislature determine for themselves, and we propose for the court to exercise the constitutional function of determining what is the law.
 Mir. Grant-How do you get the de- termination of the court before the legislation is introduced?
 Mir. Watts-You cannot get 1t be- fore.
 MT. Malone-Have not we already re- fused to adopt Section 2s-
 MT. Watts-No sir: 1t simply says that the Legislature shall not adopt any local legislation upon a matter which is provided for by a general law
 MT "a6daII---T 1ra tka -F der that the gentleman's time has ex. pired.
 The President pro tem-The gentle. man has four minutes of his ten.
 Mir. Watts-Now the Supreme Court said that you could not put into this Constitution a provision as to those things which could not be provided for by general law, because that would Ro out into the world as speculation and nobody could ever determine what could not be provided for by general law. and there might be great deal of ingenuity in evading that. But you can put In there what Is provided for by general Jaw, because everybody knows that. The laws are published and you can read them and find whether or not a general law does provide for the matter, and every lawyer at least can determine whether or not the re- lief sought by the particular bill could be granted by any court.
 The President resumed the chair.
 MT. Proctor-I desire to ask a oues- ton. To adopt the amendment offer ed by the gentleman from Limestone. would virtually make the whole section imperative.
 was before when the Supreme Court said that the Legislature was the judge and not the court.
 MT. Pettus--Did the old Constitution have these thlrty-six or seven specific kinds of laws enumerated that the Legislature could not pass?
 MT. Watts-No, 1t did not, unfor- tunately.
 Mir. Pettus-Then I take it that 1t is different, and not as you answered the gentleman from Jackson.
 MT. Watts-There is a difference, but this makes it a little more difficult for tion.
 The question being on the adoption of the amendment of the gentleman from Limestone, upon vote being taken the amendment was lost; the question recurring on the motion to 3oopt the section, a division being called for. by vote of 64 ayes and B noes. the section was adopted
 MT. Malone-I wish to state that the object had in voting aye was to move to reconsider tomorrow morning.
 The President-Did the gentleman say he intended to move to reconsider?
 MT. Malone-I move to reconsider to- morrow morning
 The President-The vote whereby the section was adopted?
 MT. Malone-Yes, sir: this suh-divis- ion.
 MT. O'Neal-You cannot move to re- consider 1t tomorrow. You can move tn reconsider it now and it will he heard under the rules tomorrow morn ing.
 The President-The gentleman can move to reconsider, and under the rules motion to reconsider would go over until tomorrow morning.
 MT. Malone-That is what I wanted.
 MT. Sanders-I move that the rules be suspended and that the reconsider alton be taken up now.
 Upon vote being taken by a vote of 45 ayes to 45 noes, the Convention refused to suspend the rules.
 Section of the Article reported by tne committee was thereupon read as follows;
 Sec. ?. No special. private or local law shall be passed on any subject no enumerated in Section of this Article. except in reference to fixing the time of holding courts. unless notice of the intention to apply therefor shall have been published. without cost to the State, in the county or counties where be situated, which notice shall state hhA Gnhgfanaa of fha nrODOSa6 Ia u,