The Montgomery advertiser., 1907-08-07
SCHOOL BILLS PASS SENATE Fight Made on Ozark.
 School. BARBOUR MAKES CHARGES Negotiable Instrument Bill Passes
 Without Fight. Senator strother Makes Point of Or- der That the Vote of School
 Bill Was Uncon-
 stitutlonnl.

The three schoGs bills, Jwhich nave been on the special order calendar of the Senate for several days, caused g pretty little row when they were pass ed last night. The bills after being warmly fought were attacked on constitutional point of order, which resulted in an unsuccessful appeal from the ruling of President, Gray.
 The bills provided for a High~Schoo1 for Dale County at Ozark, which is to receive an appropriation of s5,000 annually, a normal school at Mound ville, which is to receive $2,500 anau- ally, and a high school at Planters vile which is to receive $4.000 annu- ally.
 The big fight was made on the Ozark school bill which was the first to come up. It was led by Senator Bar bour assisted by Senator Reynolds. both of whom have been active in all previous educational legislation. Sem ator Barbour denounced the first bill as "a vicious piece of class legisla- tion." He declareda that Ozark had become so virtuous that it had closed its dispensary, but it came to the State asking for money to take the place of the whiskey money.
 Spent Money for Whiskey.
 They were willing to spend money for whiskey, but they are not willing to spend it for education" said Sem ator Barbour in closing. Thousands for whiskey, but not one cent for ed- ucation."
 But the friends of the bill had the votes. They never spent much time in arguing the merits of the bill, but when the time came the bills went through by a vote of two to one.
 The Ozark and Moundsville bills went through with no difficulty. But just as the vote on the Plantersville bill hot Tn ho Senator Strother arose with copy of the Con- stitution in his hand.
 Point of Order Raised.
 T make the point of order that un- der Section 73 of the Constitution, said Senator strother. fin that It has not been passed as required by the Constitution by a two-thirds vote. The Constitution requires that every bill carrying an appropriation for edu- catfonal purposes must receive two- thirds vote of the members.
 This point of order looked like stunner. The Constitution appeared to be quite clear and positive on the question.
 A delegation of enthusiastic citizens of Ozark had been in the lobby when the first bill was passed. They had stepped outside to hold a small jolli- ficatton meeting. Somebody rushed out and told them about the point or order. They came back in the Sen ate chamber wearing a worried look.
 President Gray ruled that on the vote the bill passed Senator Lusk who had previously been looked upon as a staunch supporter of the chair, appealed from the decision of the chair But the Senate voted to sus- tain the decision of the chair.
 Senator Miller took up the point of order made by Senator Strother and declared that it was well taken. He held that the constitution provided that a new educational bill must have the vote of thirds of the mem bers elected. or twenty-four senators and that the bill which had passed by a vote of 19 to g, was not constitu- tionally passed.
 President Gray after deliberating over the bill and the point of order announced that he would continue his ruling because under the bill the Governor was ex-oficio chairman of the board of trustees and the school was a part of the educational system of the State.
 No Fight On BiII.
 The Negotiable Instruments Bill came up in it's regular place on the special order calendar and passed practically without opposition. Nine senators voted against the measure but they contented themselves mere Iy with voting against the measure and none of them took the floor in opposition. Senator Lusk. an oppon- ent of the bill, insisted on the read ing of the bill at length. The bill con- tained 200 sections and its reading con- stunned half an hour
 The bill is considered by the bank CTS and lawyers of the State to be one of the most important measureg passed by the Legislature. A commit tee from the State Bankers Associa- tion has been industriously urging the passage of the bill. as a needed help to the commercial interests of the State
 The House bill requiring sheriffs to secure from the collector of internal revenue a list of the persons in his county who had taken out revenue H. censes and publish the list. was passed without opposition.
 The Pette bill regulating the cotton gin tolls of the State was also passed without opposition.
 The Senate then adjourned until g o'clock this morning.