The Birmingham age-herald., 1908-08-16

tor John ". Overton. author of the Over- ton amendment and chairman of the cam paign committee of the State Good Roads association, has issued the following statement:
 To the Voters of Alabama:
 The campaign committee of the Good Roads association of the state of Ala bama issues the following address to the voters of the state, in order to call their thoughtful attention to the importance of adopting the Overton amendment to the constitution, to be voted on at the gem eral election in November, and to answer certain objections which have been urged against It, and which are calculated to mislead the voter by the ingenious but faulty logic of those who are opposing It.
 This committee Is actuated by de- sire to promote the public welfare and its conduct will not be controlled by mo- tives or purposes of favoring or advane- ing any political ambition or party fac- tion. It will make an earnest effort to secure the adoption of the amendment solely upon the idea of promoting the general welfare of the state, looking to the future development of It's immense natural resources, and the numerous ben eflts which all the people will enjoy through improved public highways. We appeal for the adoption of the amend ment upon it's merits alone. We rely confidently upon the intelligence and pa triotism of the voters of Alabama They were trusted through their chosen rep resentatlves to frame the constitution, and when the necessity arises they can be trusted to amend it. They can also be trusted to elect representatives who will properly legisate under its provisions. The amendment is as follows:
 'The state shall not engage in works of internal improvement nor lend money or its credit in aid of such; nor shall the state be interested in any private or cor porate enterprise, or lend money or It's credit to any individual, association or corporation, provided that the state may under appropriate laws cause the net pro ceeds from the state convict luna eo be applied to the construction, repair and maintenance of public roads in the state, and the legislature may also make aooi- tional appropriations for that purpose.
 The question has been asked, Ii any one can give good reason why the proposed amendment specifically refers to the con- vict fund, and then proceeds to include every character of the states revenues. This Is pertinent inquiry and is entitled to frank answer.
 The convict fund is the proceeds of the labor of the state convicts. The cost of their conviction is borne by the taxpayers of the respective counties, and all the costs of administering the courts IS paid out of the county treasury, except the sal ary of the judge and solicitor, the latter being repaid by fees collected and paid into the state treasury. The earnings or what Is known as county convicts now go to the county, but this fund Is not suf- ficient, except in a few counties, to pay the state witnesses and officers claims against the fine and forfeiture fund. It seems to be fair and just that the net proceeds of state convicts should also be returned to the counties which have paid the costs of conviction. The convict fund is not part of the legitimate revenues of the state, derived from taxation. It Is a fine imposed by the state upon those who violate the law, and not a tax collected as are the other revenues of the state. The counties pay the costs of conviction, and the proceeds of the labor go to the state This is unjust; the funds should go back to the county which created 1t ana De applied to road construction.
 In further explanation of the amend ment, the words and the legislature may also make additional appropriations for this purpose were inserted as matter of precaution and to meet contingency ) that might arise. Suppose the legislature should abolish the lease system or should authorize the working of the convicts on the road, or should determine to build and equip large and expensive prisons and work the conviOts on the states account, in order to remove them from competition with free labor? Under either of these conditions there would be no net revenue. The net revenues from convict labor might be entirely eliminated, and still by the increased wealth of the state pro- duced by the development of our won- derful resources, there might be sur plus in the treasury so as to appropriate liberally for road improvement. It was to meet a situation like this that the words were inserted and for none other.
 The question has been asked, where will the authority be invested to determine in what part of the state the work on the roads will be first begun. Every county desiring to take advantage of the appro- priation and which is ready to contribute its share will file an application with the constituted authorities, expressing a de- sire to receive its portion of the state ap- propriation, the amount being determined by the population of eahc county as 1t re- lates to the whole population of the state, exclusive of incorporated cities and towns. The road commissioner or state road engi- neer, with the approval of the governor, will then draw his warrant on the treas urer for the amount apportioned Tor said county to be expended under the super vision of their local authorities In cooper ation with and by the advice of the state road engineer. It is impossible to work out the details in constitutional amend ment. That must be left to the legisla- ure to pass appropriate laws for carrying out the general plans
 The patriotism and intelligence or the members of the legislature, who are the servants of the people, Is a full and complete answer to the in situation, which has been made that the funds so obtained will be used to construct great boulevard across the state or used on the streets or cities to the exclusion of the agricultural counties or other districts.
 The amendment and the laws pro- viding for It's execution are especially designed to benefit the agricultural counties and the interests of the small counties will be protected by pro vision giving to each county it's full share in proportion to its population. Thus the benefits will accrue to every section of the state and to all the people. The country schools will be more largely benefited than any other interests, and frse delivery may be ex- tended to all the people of the rural communities.
 It seems unnecessary to answer tn e suggestion, that under the provisions or the Overton amendment the legislature .o,,l1 ipvoluc Inc state In millions and