The Birmingham age-herald., 1908-10-25

me, and will be to every one else. I have been as proud of the mineral district of Alabama as any inhabitant of 1t; I have pointed out to residents of other states,
 with the greatest pride, the immense
 wealth of the mineral districts of the great state of Alabama, and stated that Birmingham was one of the richest cities. if not the richest, in the south. And yet, some twenty members of the Commercial they cannot afford to lose any of their tehy cannot afford to lose any of their revenue. I don't agree with them- I be- lieve that Birmingham is amply able to take care of herself and that the two thirds approximately, of Jefferson coun- ty that will be left will be able to pay it's expenses. I have an abiding faith in the future of Alabama and I believe that all most any 500 square miles of area with 1S,000 inhabitants is capable of supporting itself, and that 1S,000 people of any part of Alabama are capable of Judging for
 themselves as to their wants and con veniences, and that they do not want any self-appointed guardians. In Georgia they require only 400 square miles of area to form a county, and approximately 10,- GOO inhabitants. Will any loyal citizen of Alabama contend for moment that 600 square miles of Alabama soil is not as good as 400 square miles of Georgia soil; or that 10000 Georgians are more
 capable of self-government than 1S,OO0 Alabamians?
 There cannot be any increased expense
 to the state in the formation of the new
 counties. All of the officers, with the exception of the county commissioners, are paid fees. and it does not curtail any
 of the revenue of the state to have these
 fees divided; besides, the state is not
 in any way interested in these fees, and
 the state most assuredly does not pay for
 any of the county buildings; so where
 does thel additional expense fall? On
 those alone who form the new county.
 and if they are willing to pay for their
 conveniences, I do not see who should
 object.
 MT. W. D. Nesbit, in his speech at Bir-
 mingham on the 17th instant in oppo-
 sition to the proposed amendment. is
 quoted as saying: There is no provision
 in the proposed amendment for taking
 care of the bonded indebtedness of any section of the county that may become
 part and parcel of new county. Under the present method of forming a new county the statutes make provisions for taking care of such indebtedness. It is up to the legislature and the lawmakers themselves must determine the amount of the indebtedness new county shall bear"
 
 wilfully mislead the people on any propo- sition, but he should inform himself more accurately before making such positive assertions regarding any public measure. There is not one word in the constitution of 1901 about providing for the indebted ness of the old counties when neN coun- ties are formed; but, there is provision in the code of Alabama of 1895, which ex- pressly provides as follows: "In all eases in na nc Q n habitants cut off from any old county are liable in law and In equity for the pay ment of their pro rata amount of the ex- sting debt of the counties from which they have been severed and the sue ceeding section, 1899. provides, "rhe court of county commissioners of any county from which portion of it's territory and inhabitants has been taken to form a new county must ascertain as nearly as practicable the entire debt of their coun- ty at the time such portion of their coun- ty was taken off" You will observe that this indebtedness is ascertained by the commissioners of the old counties from which territory is taken. and not by the legislature and lawmakers, as MT Nes- bit says. These identical provisions were contained in the code of Alabama of 1SS6 and will be found in sections 25 and 26 of said code, and the parts hereinabove set out are to be found verbatim in sections | 124 and 125 of the code of Alabama of 1907 The said sections PA and 125 of the code of Alabama are now in full force, and there is not one word in the proposed new county amendment which. even by | implication. could be constructed as re- pealing the said sections of said code see general acts of the Legislature of 1907. D. 622 to 632 inclusive. and the proposed new county amendment published in full in | some newspapers in every county in the state There being no provision in said proposed amendment. the said sections of
 the code of Alabama of 1907. ipso fanto,