The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-09-27


ments. nor lend its money or credit in aid
of such.a and the ''provisos relates back
| to- and qualities and limits the applica-
| ton of these three several enactments,
so as to except from their prohibtory
| operation the unlimited power OF the leg
| islature to make appropriations, to con-
| struet repair and maintain public roads
| in the state. If it does not relate back
to the prohibitory enactments cited, and
| qualify them, and each of them alike, then
| the proviso is a nullty. I am not an
affidavit lawyer or statesman, and some
times we say there is court made law"
but If there is any fallaey in the fore
going argument and logic. and the APP
| plcation of the principles of law in
| volved, / cannot detect it
The case of these 'ipse dixit' lawyers
/ and statesmen is not near so good as
even this consideration gives them.
If l should do violence to grammar,
! logic and law and eoncede that the
''proyiso" related back and qualified only
the words Shall not engage in works
of internal improvement" another prin-
| ciple eonfronts them from which there is
| no escape so it appears to me.
1t is universal law that when author
! ity or power is granted to a legislative
| body to do act the grant carries with
| it all necessary authority and power to
make the grant effective. This rule pre-
| walls in the construction of the consti-
| tuition of the United States, applicable to
| Congress, which has no power other than
| that expressly granted by the constitu-
| ton of the United States. Much more
| vigorously does the rule apply under the
state constitution, the rule being that all
power is vested in the legislature except
| that specifically restrained. If the leg
! islature is granted the unlimited power
! to make appropriations for public roads,
with it goes the power to provide for
| the payment of these appropriations. 1t
! is folly to deny such plain and well set
| tied principles Nothing but an express,
positive negation and prohibition by the
| constitution, can limit the discretion of
| the legislature in providing means to
meet the appropriations, and there is
| constitution can limit the discretion of
nor elsewhere in the constitution, which
/ can operate as a restraint. On the con-
| trary, all the rules of construction are
| against the contention. I respectfully in
vite written reply to the argument over
! some responsible signature. Clarity the
dust and unmask the .hypocracy."
| I presume we will be told again that
the legislature can be trusted; that they
| would lose their right arm before en-
gaging in such business. Even if they
had the power these disinterested patriots
| might some day die-what then? Who
! would remain to protect us? Have the
| people of Alabama so soon forgotten that
| there was introduced in this very legis-
| lature-and now the legislatures bill to
| take effect from and after its approval"
which with one swoop took from the
| general revenue of the state more than
| three hundred and eighty thousand dol
lars, and which also appropriated not ex-
| ceeding $1,000 annually to engineer,
| which appointed a commission with $4,000.
| provided an office In Montgomery and
| put in operation a new department for
! good roads. In all probability the bill
would be a law today but for the con.
stitutional provision which these parties
are so engaged in trying to get rid of by
| this amendment 1 do not propose to
discuss the Objectionable features of that I
bill, but merely refer to it to show how
| narrowly the state escaped this useless
| expense and incubus, and what the peo-
| pie may expect if the constitutional
| barrier is removed. 1t seems impossible
| for the state to meet its liabilities prompt
| ~ with the use of all its revenues, in
| GLIDING convict fund. We would be
| swamped if the act introduced and re-
| ferred to had prevailed and the state
deprived of so much of its revenue. Ask
| the governor of the state. Inquire of the
auditor. Get official and reliable in
| formation. The Ledger of July IS, ult-
| limo, gave expression to a prevailing sent
iment when it said: 1.-The Gods truth is
Alabama is getting afraid to have her
| legislature meet"
| 1t is said assessments of property for
| taxation are listed at only 60 per cent of
its real taxable value If this be true
the assessment may be raised nearly 40
per cent, or nearly double the present
taxes. Does not every tax payer know
this will be done if it becomes necessary
to meet the appropriations made, rather
than let the state default and depreciate
its credit? The amendment opens the |
door to extravaganza and invites the
"tax-eater'' to feast on the tax.
Two constitutional conventions have
thrown around the tax payer a protect !
ing shield; will he voluntarily cast it off I
for stone instead of bread?
One thing ought ever to be present !
with our people-the greatest danger |
which threatens the right of equality /
and prosperity of our country is that of /
the tremendous monopoles and trust or I!
CARNATIONS. So far these dangerous or /
CARNATIONS monopolies find more sup
port from the high tariffs which prevail
| than from any other source. Just so long !
as the dominant party can find objects
/ upon which to lavish great sums of
| money and keep dissipated the immense !
revenue. derived from the tariff and in /
such way as to keep the people quiet, |
Just that long there will be no adequate
| revision, and just that long the agricul- /
| turist and laboring consumer will be bled (
| to sustain the trust.
The old democratic doctrine of tariff |
| for revenue" should not be entirely for |
| gotten and forsaken. We should not let I
our desire to secure for our immediate !
constituents the crumbs that fall from |
the rich mans table" lead us to favor !
every kind of appropriation and thereby |
| impair the strength, of TIE "Solid South"
to force just and equitable tariff re-
vision.
1 repeat that I favor good roads-favor !
the acceptance of federal aid to this pur
pose (the crumbs), but I insist that the |
constitution of Alabama presents no OBJ
stacle, and this fact have demonstrated. !
1 go further and insist that the only just |
and fair way to every section of the |
state is that which Is provided in our
present constitution, which authorizes the |
counties to raise all the money required
for public road Improvements. Why
should we resort to methods which invest
the legislature with much dangerous
power? Why should we endanger insti-
tutions of the state, which 1t must sus-
tain? Why justify increased taxation
when there is no necessity for it?
SO far Greene county has issued no
bonds. We know from a sad experience
what 1t is to pay 100000 of bonded in
debtedness, and we prefer the cash sys-
tenn for the present We may progress
a little slower, but we have no interest
debt to pay and we are surely benefiting
roads without carrying the burden
of bonded debt.
AS county we stand ready. and under