The Montgomery advertiser., 1909-08-18

over money collected under the specia laws applying 10 that county.
 There was bill also passed re pairing. opening, widening. etc. th' streets and draining the city of Mo bile.
 The Houss repealed the dog tax iav enactedr November a. 1907. applying t Russell county.
 A bill was introduced by Mr. Lee. oi Barbour. denning. the scope of dfpio. ma issued by the medical department of the University of AiabamA The House next considered the Dill of Mfr Lacy. of walker. to allow coun- ties to retain one-fourth of the gams and nsh fund collected in the respect i've counties for the propagation oi game. The bill was defeated by vote of 3s to 3s.
 For the frst time at this session the House was called upon to deliberate over . local bill. It was the bill of MT. Lee. of Houston. to discharge Houston county from any debt to Hen- " county on account of portion of the territory of Henry county having been cut out of and put into Houston county.
 MT. Lee. the author. said. in calling up the bill, that he would., to avoid appearance of impartiality. yield the floor to other members of the commft- tee. % f
 Mir. Rice. of Tuscaioosa. discussed the bill in its constitutional aspect. He said 1t would seem that the meas- ure was violation of Section s6 of the Constitution. He referred to the recent decision of the Supreme Court in the conteSt between Cullman and Blount counties.
 It was there held that the Lsgisla- lure may pass retroactive laws creat- ing causes of action which relate to political subdivisions of the State but not to individual transactions that have passed. If there is an equitsble obii- gatfon to be sapportioned to the new county 1t is constitutional to enact . law to enforce such equity.
 MT. Rice was of the opinion that the Legislature could as well pass the pending bill to discharge Houston county from Indebtedness alleged to be due Henry county. He based \ the equity upon the fact that at the time of the formation of the new county there was 2 surplus in the Henry Treasury something like slS.ooo. It was urged that this was sufficient to pay all the indebtedness then existing.
 MT. Rice said he was informed that during the tax year in which Houston county was formed Henry county col- lected about sis.o00 for its exclusive use and Houston only got SsN0 though this was an entirely disproportionats sum to the assessabis values aseigned to Houston county.
 It was admitted by Mir. Rice that Henry had gotten the best of litigation with Houston county but tkat the Su- pren,a court decided that In a case similar to this the Legislature could give reliet to Houston.
 MT Yam. of Henry, read 6 ritten statement that had been prepared, as Henry's defense in the case. It point cd to the fasT that the courts had de- cided that Houston county wss liable for pro rata of the Henry indebted ness regardless of the assets of the old county at the time of the separa- ton. It was also cited by Mir. Vann that at the tune or the separation tEere were two court houses acquired by Houston which were being fnain- tatned by Henry county. It was claim ed that the surplus was used for eur rent eApCnGes.
 MT. Pitts. of Dallas. chairman of the committee on Revision of Laws. plead. ca Tor the passage Of the bill sayina ne believed the Legislature had ths right to pass the bill without vfolat. Ing the Constitution. He believed that under the Supreme Court decision ir the Cuuman- Biount case the Legisia. ture could interfere to give the eouit. able relief even though there were pending cause affecting the contro. versy.
 MT. John. of Jefferson, called at. tention to the fact that the founda. ton of the government was a divis Ion into executive. judicial and legis lattve branches. and that the bod, should think carefully before actins in the matter. He thought under al precedents. and the law that Houstor was morally bound to pay it's probof. tion of the Indebtedness existing at the