The Montgomery advertiser., 1907-02-15
Vote on Measure Stands
 A to 34.
JOHN AND. WAIVER TILT
 ON cONSTIIUTI0NALITY
Former Declares Proposed Law
 Would Be Violation.
Amendments Made By Governor Conner To Fish and Game Amendment speedily Concurred Tn By
 Lower Branch.

After a hard fight. the State depcsi- tory bill was passed yesterday by q narrow margin, the vote being A to 34. The objections raised to the measure were upon constitutional grounds.
 It was urged that the provision of the Constitution which prohibits the lending of money by the State would be violated by the enactment of the proposed depository measure. in that a depostt of money in a bank Is in reality loan. creating the relation of the debtor and creditor between the bank and the depositor.
 The fight against the bill upon these grounds was led by Colonel John. while MT. Maner was the leading ad. herent of the bill presenting an ex- haustive brief to prove from court de- is not a loan in the commonly ac- cepted meaning of the term. The ma- jority of the House accepted his req soning on the point.
 The message of both ex-Governor Jeiks and Governor Conner upon the subject were read In the course of the debate. and were attentively listened to. A distinct tribute was paid Gov ernor Jelks' message during the debate by Colonel John. an administration leader.
 The measure as it passed the House. in the form of a substitute proposed by the Committee on Ways and Means. authorizes the Governor to dssiguate any bank or trust company incorpor- atea under tho laws of this State, or { ( If inc IrnfteA ssates. and actually do- Ing business in this State, as q state depository.
 Must Deposit Bends,
 Before any bank or trust company shall be so deginated it shall file with the State Auditor and State Treasurer an application in writing and shall &C., company such application with a state- ment, verified by the affidavit of its president, setting forth the amount of it's paid in capital stock, surplus and undivided profits, its principal place of business, the length of time it has been engaged in business, and statement of it's assets and liabilities at the time of making application.
 It shall also accompany It's applica- ton with deposit of bonds of the State in an amount mot less than $10,- 900 par value, which are to be held as a security to the State.
 Upon the approval of this applica ton by the Governor, who shall declare the bank a State depository for the term of three years, it may receive State funds in an amount equal to the par value of the Sta.e bonds deposited by 1t with the State treasurer, but in no case to exceed its paid in capital stock surplus and undivided profits mentioned in the affidavit accompany the appli- cation.
 Daily and monthly reports are pro. vided for. and the depository, it is pro- vided' must remit to the Treasurer any surplus over the amount of public funds 1t is permitted to have on hand The deposits are at all times to be subject to check by the Treasurer.
 Any ohtcst or custodian of monies or funds Of the State who shall directly or indirectly receive any commission, Y interest or reward for depositing or mOn- les or the State in any State depositary on conviction shall be sentenced to the penttentiary for term not exceeding five years. Other violations of the aet are made punishable by a fine of not more than $2,5oO. and by removal from office.
 The only other measure of import. ance passed was that requiring all corporations or persons selling kero sene oil at wholesale to maintain an office to be kept open except on hoIi- days and Sundays. during business hours, in every County where 1t sells oil.
 House Kills First RiII.
 Although an innocent measure on its face, the bill was denounced by MT Haley of Jefferson as being in the in terest of the Standard oil Company and against the small independent oil men. who could not afford to maintain offices in every County where one of their wagons might go.
 Mir John, also of Jefferson, took strong ground against the position of Mir. Haley and succeeded in getting the bill. which is fathered by MT. Fl. rod of DeKalb County because of local conditions. through by a vote of 36 to I9. There seem good prospects. how. ever, that the bill will again come m on a motion to reconsider at tomor- rows session.
 
 game and fish warden bill proposed by Governor Conner were eoncurred in bv the House. on motion of Mir. Steagan the author of the measure. who ex- pressed himself as being much pleased at the Governors ideas.
 The first measure to be killed in the House since the session began was ta- bled just befot the conclusion of the afternoon session, the vote being oyer two to one. The measure was one making, in effect, public record of ehatteI mortgages public notice of their existence, shutting off prosecution for obtaining money under false pretences in cases where the public record be- lied the representations of the mort gagor that no prior mortgage existed. The bill was considered too far-reach- ing in its form by the House.
 The first of the night sessions Of the House was held. heinz devoted. under the rule adopted last week. to local Legislation At the conclusion of the