The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-09-27
CITES OBJECTIONS TO
GOOD ROADS AMENDMENT



posed amendment to the constitution, and
Invited discussion. 1t IS to be presumed
that after so long a time those favoring
The amendment have exhausted all re-
sources at their command in support OF
the affirmative. If bare assertions made
laws or established conclusions. decked
as they are with unmented criticism OF
the writer and those who agree with MN,
and heralded in flaming mead lines OF
papers. / would approach their position
with some embarrassment. / trust my
judgment, undimmed by selfish motives
or vanity, conscious Of the strength and
Justice of its conclusions-after mature
and impartial study of all they nave pro-
dueed on their side--justfies me IN quot
ing the inspired Psalmist: i nave seen
Him spread Himself like green bay tree
yet He passed away and 10 He was not.
Yea. I sought Him but He could not be
found"
I hope to receive careful reading, and
invite a rigid scrutiny, as the truth, and
what is best for the people, is my only
object Read carefully my argument, mat
the amendment does not prohibit the con-
traction of debts.
Nv first proposition WAS, that the pro-
posed amendment removed all restriction
Ilpon the power and authority Of the leg
for the purpose of good roads in the state.
That this authority was not limited to the
convict fund, nor to any other rund,
but unlimited appropriations could be
made without reference &c any particular
fund or amount.
No one has undertaken TO controvert
this proposition. 1t seems an admitted
fact, and of itself should condemn the
proposed amendment. It has been said in
reply that the Legislature will not DO
wrong in the matter. The same reply
could be made to every constitutional pro-
vision, and upon the same argument every
section of the constitution could pc
amended away. The very object OF a state
constitution is to restrict the powers Oh
the legislature In all matters which might
be used to the injury of the people. The
nonuIaritv of the proposed amendment to
elect United States senators by the peo-
ple instead of by the legislatures, pro
ceeded from the fear of the people that
the legislature would not always DO rlght,
justified as they are by the sad experience
of the people OF many states. The mtla-
tory and referendum movement is the re-
sult of distrust in and abuse of legislative
discretion. If the people knew that the
legislature, in no case would do wrong
we would have no need of a constitution.
THE state suffered from this misplaced
confidence once, to the tune OF about
300OOOO0 of debt, and the larger part OF
our state debt today resulted from not
having this restriction upon the leglsla-
ture Shall we repeat the experiment?
NV second proposition was stated in this
language: How can any considerable
amount of the states revenues, In
GLIDING convict fund, be appropriated 20
good roads, without neeessitating cut
ting down of salaries, or diminution or ap-
preparations to education, or to the old
soldier or his widow, or to institutions
maintained for the insane, or deaf ana
dumb?" The burden was not on me 20
prove the negative implied in the propo-
sition. The burden always rests upon MIN
who would change existing laws, to es-
tablish affrmatively, not only that the
proposed amendment will work no injury,
but that benefits will be promoted. Until
this is done a change in the law would be
mere experiment and cannot be 1ustlneo
on any sound rule. 1 submit, in all can
dor, not a single argument has been ad-
duced to answer the proposition. True
we have been told by some, that they
have no intention of reducing the appro-
priations to such purposes, would never
be guilty of such work." and would lose
his right arm before he would be guilty
OF such work. and some have gone so far
as to declare that those who assert that
such results would follow the adoption of
into the eyes of the people," and not con-
tent with these shallow answers to the
proposition, the Mobile Register of
August q, and the Mobile Herald of the
same date reported some of the speakers
as declaring that those who make such
contentious are "hypocritical." If such
aspersons gave any satisfaction, or added
to the dignity of the speaker, let him en-
JOY it, Or if such charges were accepted
as argument by the hearers, surely they
were easily satisfied. The mere belief OF
the advocates of the amendment, or mo-
tives which actuate their protestations
and criticisms, have nothing to do with
the question at issue. Neither one nor
all of them constitute the legislature, and
they have no right to speak for it, and
such declarations do not answer the pro-
position. The question is, can any con-
siderable appropriations be made by the
state to public roads without cutting
down or endangering the welfare or in
stitutions which are primarily entitled
to the care of the state; not what the
speakers believe, or what they would do
Or suffer The proposition | made Is OF
easy ascertainment All enlightened gov
ernments administered upon sound princi-
pies have record of appropriations
made, and also of estimates of income
and revenue to meet these obligations.
The governor is greatly responsible for
his administration, and the auditor has
complete record of the states obligations
and scources Of revenue to meet these
obligations Why have not the facts
been called for by those who advocate
the amendment, and furnished the public
instead of mere protestations az to what
they believe, or would do, or suffer. Ths
burden rests upon them, ths facts are ac-
cessible to them, and the conclusion must
be that the facts are against them Or
they would have been forthcoming. The
Ledger in its issue of August l, called At
tention to the condition and deficit of the
treasury, and the Montgomery Advertis-
err of August 4, following referring to the
statement of the Ledger, used the follow
Ing language, ito make the situation even
more serious state officials, last fall es-
timatcd that the legislature had increased
the expenses of the state a s1.500000 each
year. Undoubtedly a grave condition
confronts Alabama" Trust the legsla-
ture, it can do no wrong, they say. This
Is not all. Governor Conner in his address
at Auburn gave out a warning in no un-
certain sound. when he stated in effect,
that the educational interests and old
soldier fund could not stand the proposed
diversion of revenue to public roads.
Now, the Governor may have his hobbies,
but no man can say in matters of finance
and business that the Governor is fool,
or that he has not at heart what he
deems best, or that he is 'hypocritical."
Then there is the auditors office where
the official data can be secured
1t should be remembered also that this
condition exists Notwithstanding the
governor and the Legislature have combed
the state at it were with a fine tooth
comb in search of dollars; and every tax
payer knows two things. that his taxes