The Montgomery advertiser., 1901-07-12

MT. Samford-Now I re-offer the amendment of the gentleman from Lauderdale, MT. Ashcraft, and I move the previous question upon the section and the amendment.
 Al reading was called for, and it was read as follows: Amend by adding "ex- cept as in this article otherwise pro- vided." -...-.. Upon a vote being taken the main question was ordered. upon a further vote the amendment being adopted. and a vote was taken and the section
 as amended was adopted.
 The Clerk read Section as follows: "The General Assembly may by gen.
 eral law confer upon courts of County Commissioners, Boards of Revenue or
 other courts. such power of local leg | isIation and administration. touching all matters and things not provided
 for by general law. and not inconsis- tent with the provisions of this Con- stitution as the General Assembly may from time to time deem expedient." MT. Vaugbn-I have an amendment. The President-The Convention is
 considering the report of the Commit tee on Local Legislation and in that connection is considering such parts of the report of the Legislative Depart-
 ment as bear on the same question. MT, Oates-The latter part of the re-
 port of the Committee on Legislative Department as will be seen. states n will move the substitute
 The President-The Secretary win
 read the proposed substitute.
 It was read as follows: Your commit tee do not concur in Section of said article as reported by the Committee on Local Legislation. and reports as substitute therefor Section 25 of Article | " of the present Constitution The President-Does the gentleman from Dallas offer his amendment. MT. Vaughn-I desire to offer sub | stitute to the report of the Committee on Legislative Department
 MT. O'Neal-If the gentleman will yield to me. to make a statement. l desire to say that the Committee on Local Leaislation have reported Sec | ton [. which is the section in the Con- stitution to which the gentleman From Montgomery refers. We reported It as | Section '. but it is not printed. We had unanimous leave to take 1t up when this article was under considera- tion.
 MT. Oates-I have not seen that. The Presidential. Is out of order to l discuss the substitute offered by the gentleman from Montgomery until the substitute offered by the gentleman from Dallas Is read. That Is the pend | ing question.
 The substitute was read as follows. Amend by striking out Section 5, adding in lieu thereof the following; | The General Assembly shall pass gen. l eral laws under which local and private | interests shall be provided for, and protected, and under which cities and | towns may be chartered and their charters amended. and under whicb | corporations may be created, organized and their acts of incorporation altered | and all such laws shall be subject 10 repeal or amendment.
 Mir. vaughn-That substitute is copy of a section of the Constitution | of Mississippi, which just precedes the | exclusion from the legislature of sub jects about the same as in the present article. and under that section of the Constitution of Mississippi. the legis- Iature can pass laws whereby towns | may enact their local laws. They have operated under it for number oi years and from the statement of the gentleman from Clarke, they have done | it successfully, and I offer that as a | substitute.
 MT. Pettus-I want to say that this time I am heartily in accord with the section reported by the Committee. l think it Is an admirable section, and | it is taken from the Constitution ot toe State of New York. In the Constitu- | ton of New York. Article 3, Section 27, occurs this provision: 'The legislature | shall, by generai law. confer upon the | Boards of Supervisors of the several counties of the States such further | powers of local legislation and admin istration as the legislature may, from time to time deem expedient." Under | this. there are some decisions cited. One was that an act to vest in the Board of Supervisors certain legisla- tive powers for the protection of shell fish is constitutional. Another case cited, is that a law providing for the compensation of certain county treas urers shall be fixed by the supervisors,
 Is valid. Now, the substitute that Is
 offered by the gentleman from Dallas
 makes it. the duty of the legislature to provide by general laws for local in- terests, but in what manner. and what kind of a general law can the legisla- ture provide for local interests of this character unless 1t can delegate its power of legislation to some body. MT. Foster-Did you notice the diff ference between the New York provls- ion and this?
 Mir. Pettus-There is no material dif- ference.
 MT. Foster-This provides the, legis- Iature shall confer upon such courts power of local legislation touching all
 matters and things not provided for
 by general law. 1t seems to me to be much broader power than is conferred by the New York Constitution.
 MT. Pettus-It Is question, MT. President, that is left in the discre- tion of the General Assembly of this State. and whenever the General As- sembly passes a general law, under this section, it denudes itself of that much power and authority. It Is not
 that the General Assembly shall pass
 these laws. but they may. in their dis cretion, pass such laws, and take 1t that the General Assembly is not going to divest itself of any power of local legislation, or any other power, by it's o,,u act. except where the best inter- csts of the people demand it. Now an- other section exists in the Constitution of New York. They have provided for game laws. They have authorized and delegated by way of local legislation
 to the Boards of Supervisors in the re- spective counties, this matter of game laws. That was something specifically
 lett out of the prohibition as to which local legislation was cut off, because they did not believe that that power could be delegated to the boards of commission CTS in the different counties. Mir. Vaugn-Under the substitute of fered by myself, the legislature would not hoNa inc authority to delegate