The Montgomery advertiser., 1901-07-16

Constitution must De constantly ex-
 plaining to the people of Alabama and l constantly explaining themselves for | having put it in there.
 l M-. Oates-I have never made any in-
 vestigation of this controversy one way | or the other, but since examining the
 report and the legal questions involved, i I have an opinion about it which I will briefly express. Now I am unal- terably opposed to this matter being
 brought in as a rider upon the Con- | stitution, and I gather from what I | have heard said, what seems to me
 an erroneous opinion by some in regard | to the power of this Convention and | work to be done. As this is now pre-
 scented, if passed it certainly does go l before the whole people of the State to
 ratify our action in abrogating an act
 of the Legislature, changing the loca- | tion of the court house at Shelby Coun-
 ty. The people of other counties have | got nothing to do with it. no interest | in It. and they don't want to vote on l the one side or the other. That of it.
 self shows the impropriety of placing | 1t here. Then awhile ago when my friend, the delegate from Tuscaloosa,
 was on the floor. some gentleman sug- | gested an inquiry that if we pass
 separate ordinance repeating or abro>
 gating that law. would 1t have to be
 ratified by any people except those of Shelby County? That Is very er-
 roneous impression. Why, sir, this | Convention is the legislative, 5udiciaA and eecxutive department. It is the
 whole thing of the government of the
 State of Alabama. Itis the entire peo-
 pie here through their delegates. When
 address the gentlemen on this floor
 as delegates, I address them by what
 they are called in the enabling act, and
 I think higher than what is generally | used in legislative bodies. They are
 delegates and are elected by the whole people of the State to make Consti- tution-not only to make Constitu-
 ton. but they have the power to pass | ordinances, laws or anything else
 which they see proper If they want
 to reach this matter by way of repeal
 of a law which has been passed. a sep 1 arate ordinance is the thing, and if this | Convention passes 1t, then they meet | the question as to whether it goes to the Governor. It has been done in | some cases, but don't konw that that
 is usual 1t is law and will have to stand and the people of the State have nothing to do with it. In considering
 the testimony. I admit that the testi-
 mony shows the dearest kind of case. l all the way through, in favor of that | law.
 | It is very doubtful. to say the least | of it, from the hasty examination I
 have made, but court has great diff 1 fculty, in fact a court according to adjudications. has no power to set
 aside a solemn enactment of the Leg
 islature upon evidence. It requires
 something more. They examine the | records to see if the records sustain it | as a legal enactment, but even if such
 were the case that this act could not
 be annulled by litigation they have pending because of the presumption in favor of the records. If any difficulty
 of that kind that is presented, there is | no trouble in that event, in my opinion, | for the friends of the ColumDiana con- | troversy here to get a separate ordi- | nance which would repeal that enact ment of the General Assembly, or the | Legislature, which, 1t seems to me. will | be the proper way to go at it. NOW, | sir, such an idea S, ems to be that any l thing done by this Convention has got | to be ratified by a vote of the people. | Not SO. This Convention has passed
 resolution very properly and unani- | mously to submit the Constitution | which it frames, back to the people Of | the voters of the State of Alabama for
 ratification That is entirely proper,
 and that is correct. Why, sir, let me
 say this Convention is not going to ad- jeurn in the time which appropriations
 
 | You will have to go beyond that. What are you going to do about your com
 pensation and expenses for It? You
 have got to resort to the powers of leg
 islation which is vested in this Con-
 vention.
 Mr. Jones (Montgomery)-Is my
 friend of the opinion that this Conven-
 tion has any power to appropriate mon
 ey beyond the time that the Legisla-
 ture has fixed that these delegates
 shall receive pay?
 MT. Oates-Yes. sir; if I have an | opinion about any legal question, know it has that power-an entire
 power in that regard. (Applausc). It | has power to do what is proper to do.
 I om not afraid myself that 1t Is going
 to exercise anything improper in this
 matter and don't care about cor5um- | ing the time, sir-I don't know the con-
 trover3y between these parties. l | know one thing that the controversy about the location of court house in | a county is always one of bitterness
 between counties. I don't know who is
 at fault or who is right about it. l 1 don't undertake to settle that; but, sir,
 this proviso hitched on here to the l Constitution of the State is entirely
 improper and should be stricken there | from If the gentlemen were to try 1t | in a different shape by bringing up an | ordinance to repeal the act, then IL presents a very different question. But
 in it's present shape. I cannot. for one,
 conscientiously vote for it. l don't care | to say anything more.
 l MT. O'Neal-I asked the question of | the gentleman-I propounded ques-
 ton to the gentleman from Tuscaloosa
 which seems to have been misunder-
 stood. I agree with you as to the inn
 propriety of incorporating this as
 rider on the Constitution. l asked this l question:: Could we pass a separate | ordinance for the ratification of the people of Shelby County, or any other
 county? Wouldn't it be a law If we
 adopted it?
 Mir. Oates-You can make 1t law,
 or you can submit it to vote of the people
 Mir ONeal-Wouldnt it be simply
 matter of grace upon our part as to | whether we submitted it?
 MT. Oates-I have said the Conven-
 tion had the power to make 1t an apso- | lute law if they wanted to.
 | MT. Bro%ne-I desire to say in the
 opening of my remarks that the gem l tleman from Shelby (Mr Beavers) in-
 troduced an ordinance similar to the
 one recon mended by the gentleman from Montgomery and that the attorney | for Calera. MT. Martin appeared before l the Committee and spake against the l ordinance and took the position that