The Montgomery advertiser., 1903-09-18
MEASURE LEFT INTACT.
Legislature DeSignateS Dr.
 Curry for Hall of Fame.
Nearly All of the Day Consumed by Debate on Bill to Change
 Revenue Code Which Was Finally Defeated.

sentatives of the mortgage tax feature of the Alabama revenue Code in the House shot their bolt yesterday, and 1t fell short of the mark. The crusade against the mortgage tax inaugurated by Representative Goldsmith of Lowndes, ended in defeat
 The movement to eliminate the record ing fee of 15 cents on the hundred dol lars. or as it was commonly called the mortgage tax, was carefully planned and well managed. The strength it gain ed was cautiously economized for a pro- pitious moment. The friends of the move ment launched the attack yesterday and when the day was done they were com pletely routed. The House by vote of 45 to 35 refused to change the dotting of an 'i' or the crossing of "t' in the mortgage tax section as adopted last February.
 Representative Maner of Montgomery, the author of the section and its spon- sor stood for it in the all day fight of yesterday. Representative R. T. Simpson of Lauderdale. the chairman of the Con- mittee on Ways and Means, and Repre- sentative A. H. Benners of Jefferson, with the Montgomery member. manned the breach and beat off the attack.
 The mortgage tax of 15 cents an the hundred dollars was substituted during the passage of the revenue bill last Feb-
  hundred dollars on solvent credits. The old system, 1t was declared, was futile and inefficient. The House took that view of it in adopting the mortgage tax provision as presented by Representative Maner.
 Goldsmith Lead Attack.
 Mir Goldsmith of Lowndes, never liked the mortgage tax from tne first. In the summer recess he wrote a circular letter
 -G dAol lnr- ing that the tax was unwise and unjust. He announced then his intention of at- tempting to have 1t repealed on the re- convening of the Legislature in Septem- Der. s In the first days Of the session he pre- scented a bill providing for its repeal. The Ways and Means Committee did not take kindly to the Goldsmith bill. The commit tee was disposed to kill the bill, but 1t finally reported the Dill to the House with a substitute. The substitute was in flat contradiction to the bill. It endorsed the mortgage tax, only changing it so that the recording fee on mortgages of slO0 should be 30 cents and on each sue ceeding 500 15 cents.
 The action of the committee rather startled MT. Goldsmith. He complained yesterday that in making his bill con- venience to ride in measure foreign to its purposes, the committee had added Insult to injury.
 The House spent practically the entire day in the discussion of the bill. It came up at the beginning of the morning session upon the request of Mir. Gold smith, and its defeat was not accomplish ed until after 5 o'clock in the evening.
 Debate Was Acrimonious.
 The debate was at times acrimonious, There were two sharp passages between members on the floor. It was intimated that members were trying to play upon the prejudices of their fellow legisla tors.
 The effect of the provision upon the fellow who plowed "a bob tailed mule" was described by MT. Lusk of Marshall. and for the remainder of the day "the bob tailed mule" could not be banished. He was ridden in and out of the House every now and then.
 MT Goldsmith. in his speech against the substitute showed that he had care fully studied the question. He delivered a well prepared address in which he de- clared that the tax did great injustice to the land owner. It made the land own CT, he said pay a tax of $6.50. but allow ed the owner of mortgage to get off with the payment of a tax of $l 50. The honor of the State, he said, did not de- mand overtaxation of one class for an- other. He submitted that the State would lose money under the mortgage tax sec ton.
 the representative from Lowndes said that MT Goldsmith appeared to have easily solved a question which had worried the Governor the auditor and the members of the Ways and Means Committee. The committed he said. hau carefully consid- cred the Goldsmith bill and it had not favored it. The question or taxation, he hn to be arranged with a view of the practi- cal workings of business He had per- sonally asked the auditor If he desired the repeal of the mortgage tax and the auditor had responded with an emphatic "No."
 Lusk and Benners Clash.
 During his remarks Mir. Benners was interrupted by MT Lusk, who asked him if the committee had not recommended to the House that the mortgage tax be increased to 30 cents on the hundred dol lars.
 Mir Benners replied that the committee recommended it for the first $10O, but not for others.
 MT. Lusk said:
 'It's in the bill 30 cents throughout" Yes, I know it is.' replied Mir. Ben ners. but that is a typographical error which we propose to amend"
 But it's in the bill" insisted MT Lusk. This nettled Mir. Benners and he ex- claimed in a voice betraying his anger; T don't care if 1t Is. I have explained how 1t got there and I don't propose to nave insinuations made that I am trying to mislead the House"
 MT. Lusk begged his pardon, saying that he had no desire to make any such insinuation.
 Continuing, MT. Benners said that the old tax discrimnated against the citi- gems of Alabama in favor of outsiders. The foreign mortgage holder was excused under it from paying taxes but the cit- izen of Alabama had to pay them
 MT Simpson of Lauderdale. declared that the question was one that ought to be fairly and honestly dealt with without appeal to prejudice. The question to be