The Montgomery advertiser., 1908-09-30
The Good Roads Amendments
.inNRFTna asl.Eal ElaMIE

Some six or eight weeks ago TUT nished to the readers of your esi'na- ble paper some views on the duesuon of the proposed amendment to the Con stitution. and invited discussion. It IS to be presumed that after so long time those favoring the amendment have exhausted all resources at their command in support of the anirmative- If bare assertions made laws or estao- ljshed conclusions, decked as they are with unmerited criticism of the writer and those who agree with him. anu heralded in flaming headlines of papers. I would approach this position with some embarrassment. trust my Juos
 ment, undimmed by selfish motives oI vanity. conscious or the strensl LII anu justice of its conclusions-after mature and impartial study of all they have produced on their side--justihes me n quoting the inspired Psalmist, T have seen him spread himself like green bay tree; yet he passed away. ana io. he was not. Yet, sought nim put ny could not be found"
 r bona to receive A careful reading, and invite a rigid scrutiny, as the truth [. and what is best for the people IS my only object Read carefully my arsu- ment on the assumption that tue amendment prohibits the contraction of debt.
 My first proposition was, that the proposed amendment removed aIt Te- struction upon the power and authority of the Legislature to make unlimited appropriations for the purpose or good roads in the State. That this authority was not limited to the convict fund nor to any other fund, but unlimited appropriations could be made without reference to any particular luna or amount.
 No one has undertaken to controyert this proposition. It remains an ad- mited fact, and of itself should con demn the proposed amendment. IL mas been said in reply that the Leeisiature , will not do wrong in the matter. me same reply could be made 10 every constitutional provision. and upon the same argument every section or the Conatitutjon could be amended away. The very object of State Constitution is to restrict the powers of the Legis- lature in all matters which might pc used to the injury of the peopie. ihe popularity of the proposed amenomeht to elect United States Senators oy the people instead of by the Legislature proceeded from the fear of the people that .aa IeRislature would not always do right, justified as they are, by the sad experience of the people Of many States The initiative and referendum movement has grown out or dlstrust and abuse of legislative discretion im- properly exercised. If the people Knew that the Legislature. in no case, would do wrong we would have no need or a Constitution. The State suffered from this misplaced confidence once, to the tune of about S30 ,000. 900 of debt, and the larger part of our State debt today re- suited from not having this restriction upon the Legislature. Shall we repeat the experiment?
 My second proposition was stated III this language: How can any consid- erable amount of the States revenues, including convict fund, be appropriated to good roads, without necessitating cutting down of salaries, or diminution of appropriations to education, or to the old soldier or his widow. or to in- stitutions maintained for the insane or deaf and dumb ?' The burden was not on me to prove the negative irn- piled in the proposition. The burden always rests upon him who would change existing laws, to establish af- firmatively. 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 jus tified on any sound rule. I submit, in all candor. not a single argument has been adduced to answer the proposi- tion. True, we have been told by some that they have no intention of reduc- ing the appropriations to such pur- poses" 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 the amendment are trying to throw dust into the eyes of the people" and not content with these shallow an-' swers to the proposition. The Mobile Register of Aug. 21, and The Mobile Herald of the same date, reported some of the speakers as declaring that those who make such contentious are "hypo- critical" If such aspersions gave any satisfaction or added to the dignity of the speaker. let him enjoy 1t. Or if such charges were accepted as argu- ment by the hearers. surely they were easily satisfied. The mere belief of the advocates of the amendment, or mo- lives 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 proposition. The question is, can any considerable appropriations be made by the State to public roads, without cutting down or endangering the welfare of institutions which are primarily entitled to the care of the State? not what the speakers believe, or what they would do or suffer. The proposition I made is of easy ascertain ment. All enlightened Governments administered upon sound principles have a record of appropriations made. and also of estimates of income and revenues to meet these obligations The Governor is greatly responsible for his administration, and the Auditor has complete record of the States obliga- tions. appropriations. and sources of revenue to meet these obligations. Why not have the facts been called for by those who advocate the amendment and furnish the public, instead of mere pro- testations as to what they believe. or would do, or suffer? The burden rests upon them, the facts are accessible 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 Aug 1, ult., called attention to the conditions. and deficit of the treasury, and The Montgomery Advertiser of Aug. A. following. re- ferring to the statement of The Ledger, used the following language: ITO make the situation even more serious. State officials. last fall, estimated that the Legislature had increased the ex- penses of the State a million and a half of dollars each year. Undoubted- ly grave condition confronts Ala bama." Trust the Legislature, it can do no wrong. they say. This Is not all Governor Conner, in his address at Au- burn, gave out a warning in no uncer- tain sound, when he stated in effect