The Birmingham age-herald., 1903-09-12
ENTHUSIASM IS GREAT
 FOR PASSING MEASURE
An Omission of Only Two Words ln the Caption Would Have Made old Soldiers Victory
 Fruitless One.
BY ROBERT p. M'DAvID.

Montgomery September n.-(speciall- The acumen of a youth today determined the fate of the most intensely interesting and most thrilling contested measure with which the legislature has had to deal-- the proposition to appropriate from an exhausted treasury s1OOOOO more to the indigent survivors of the loved and lost cause.
 The facts as they developed late to- night make unique and interesting story. The state now appropriates some three hundred thousand dollars annually to Confederate pensions. The total Is piti- fully small. being just little more than eighteen dollars per annum to each of the dependants or scarcely cents per day per man. The state pays the sheriffs 30 cents per day for the sustenance in the jails of felons and criminals and when bill seeking to increase the appropriation by one hundred thousand or to about seven cents per day per capita was in- troduced before the recess, the two houses passed it almost unanimously. It went to the governor for approval The follow ing day the legislature adjourned for the six months recess.
 Character of JeIks.
 Governor Jells is a man of pronounced sentiment. His father died on the battle , field fighting for the rights of the south | His eldest brother fell in battle victim | to his loyalty for Alabama. But the gov | ernor is also a business man and man of conscience. When inauRurated he took a solersG oath to observe the demands of the constitution aud to protset the credit of the state. He consulted the members of his cabinet as to the states probable resources The money was not in sight. | When the assembly reconvened he re- gretfully sent the bill back with the recommendation that the amount of the extra appropriation be reduced half. to meet the liberal estimate of available funds. The house concurred in the recom- mendation by two-thirds vote. The other third was composed of old soldiers-dear old fellows who righteously loved their unfortunate comrades above all else, and who with some show of justice insist that all other interests were subservient to theirs. It was then up to the senate
 determined attempt was made to non- concur in the house amendment. Tele- l veterans from all parts of the state. It
 was announced that the house had re- formed that if 1t could get another whack | at the bill 1t would make the GOO ap-
 propratlon. All parties acknowledged the
 governors sincerity. hut 1t was argued | that the state owed the old soldiers an
 honest debt and the governor had the
 right to borrow enough to meet the prob 1 able deficiency. he senate became inoc- xx,ItI
 here were bubbling over with enthusiasm
 "The governor is right, but the pensions
 must be increased. money or no money" was the argument.
 Sentiment on Top.
 l It appeared that sentiment was on top. l The governors intimate friends were greatly chagrined. His position was felt l to be unauestionably virtuous. yet it ap- peared that he must be embarrassed by having the legislature ignore his advice and his warning. His admirers were great | ly apprehensive least the senate would | deal the executive an undeserved lick. l General Harrison of Tuscaloosa had de- l livered magnificent eulogy of the south ern soldier. His speech had apparently cast the die that determined the result. | The senate adjourned for dinner
 ! Michael Screws. son of Senator Ben | Screws of this county. Is scarcely more I than a boy but is the governors S record | Ing secretary. He was graduated at the | head of his class at the law school at the l University of Alabama a year or two ago. | but has never praeticed his profession. | During the noon hour he casually for the ]! first time. picked up the bill and in an n- | stant saw q fatal error. The constitution says the style of the laws of this state shall be: Be it enacted by the legisla- ture of Alabama that" etc. The caption of the s1Oo.000 appropriation act read. Be 1t enacted by the legislature that" etc. Young MT. Screws quick perception pene- trated where the big lawyers and former distinguished jurists in both house and senate had failed to reach.
 Bill Invaldated.
 The absence of the two words "of Ala bama' in the caption of the bill inval- dated 1t. Mike" as Mir. Screws Is famil- larly called by his friends brought the matter to the governors attention. Gov ernor Jelks referred the point of law to Auditor Tom Sowell who is known to be as good a lawyer as he is an auditor. Mir. Sowell, scratched his head a few moments and remembered that Governor Jones. in vetong the convict bill in 1S9O had done exactly the same objection that confronted this bill. and had done se upon the advice of the then attorney general. Hon. William l.. Martin. MT. Martin was summoned and he and Mir. Sowell looked up the former attorney generals opinio1 which cited three or four references which unquestionably settled affrma lively Mike Screws contention. The disclosure in the senate this afternoon turned the tide and while the body adjourned without reach- ing a vote, 1t is clear that new bill will have to be prepared and passed through the various stages of legislation before the auditor can safely give its old cold a arrn mt tta Tad Mikes quick eye not caught the fault the ..atnra rls, 1,ictaf1r stc1 har r,ra.tad