The Birmingham age-herald., 1911-02-25
SENATE SUSTA|NS
 GOVERNORS VETO Victory Decisive for the
 Executive DEBATE WAS SHORT Senate Votes Down Proposition to Withdraw Acceptance of Mobiles Invitation to Attend Mardi Gras
By BERRYMAN G. BETTY

| Montgomery, February 24-(Special)- Gov. Emmet O'Nears veto of house bill 57. which sought to allow the county com missioners of Tallapoosa to borrow yA0000 without having such a loan authorized by a vote of the people of that county, was sustained by the Alabama senate today by vote of 26 to 1. The victory was clean-cut one for the chief executive, his position that the act would prove un- constitutional finding ready support when the message was brought to the upper body. At the same time the matter of senatorial courtesy figured in the pro- cedure, inasmuch as Senator Justice, rep | resentng Tallapoosa county, spoke in advocacy of the chief executives stand. | On Wednesday of this week the bill was passed in the house of representa- | tives oyer the veto of the governor and because of this tho action of the senate on the issue was being eagerly watched by the legislatures hobby. The almost unanlmity of the vote in favor of sus- taining the governor, as a consequence Is looked upon as significant of a pleasant sailing for most of the adminIstration's bills.
 | Debate on the measure lasted a bare | % minutes, the whole discussion being confined to the constitutionality of the | act. It was taken that the violation of | the organic law wos more than apparent, inasmuch as a section of that instru- ment expressly states that such a loan cannot be executed without a vote of the people.
 | The senate's position in supporting the governor ends the further agitation of the bill.
 Mardi Gras Festival | A scrirnmage that looked for a while as if it was going to draw blood took place in the senate chamber early upon convention of the solons. Almost imme- diately after the senate had been led in prayer by the Rev. o. B. Burne of Mont Gomery, Senator Norman moved that the senate reconsider the vote by which 1t had agreed to accept the invitation of that body to participate in the Mardi Gras festivities. As soon as his motion had carried Senator Norman then novel that the body recede from its action. | He stated that 1t had been represented | to him that Mobile was not prepared to entertain the legislature.
 | Senator Sherrod promptly objected to such committal on the part of the sen ate, at once moving that the motion of Senator Norman be laid on the table. This was done on an 'aye" and mo 1 vote, the opponents to the measure being Senators Justice, Nance. Norman, Sprott and Stokes
 l It was later explained that the hospi- tallty as originally planned by the Gulf City had been withdrawn on the ground that at the last session of the 1egisla- ture, when similar invitation was ac- cepted, criticism had been offered to the effect that Mobile was acting the gallant part in order to further it's own legisla- ton.
 Uneventful Session Save for the two matters mentioned above. the session of the senate was un- eventful. joint resolution was read in both houses and passed providing that the legislature adjourn from today until Wednesday at noon. Many of the legis- lators, in the interim, will avail them selves of the Mardi Gras festivities. The governors message containing his veto of house bill 57 was read early to the senate. Senator Sherrod immediately caught the eye of the president and spoke at length on the .constitutlonality of the proposed act. He expressed himself as inclined to the belief that the action of the governor should be sustained He cited the constitution to show wherein the act was illegal.
 Senator Justice explained the act, say IA ,1AI g~, .f for road purposes. He said that he thought the act was unconstitutional and that he had so told his Talapoosa county constituents. He said that he would vote to sustain the governors veto.
 Senator Allen said that the act was clearly unconstitutional and that because of. that he would support the governor. He said that the legislature was sent here to do constructive work, and not to pass laws that would not stand the test of the courts.
 Senator Norman spoke against the vete saying that If the people of Tallapoosa county were willing to take the risk the legislature should not stand in the way of the people. He said that the constitu- tionality of the act was debatable, and that it should be decided for all time.
 Senator Atkins said that he would vote to sustain the veto of the governor on the ground that the legal adviser of that Onlcidl ndu doNlrcu dtpVihSt oppioN"f VI the measure. He said that the senate should not fly in the face of the authori- ties,
 Vote was called for and the veto of the governor was sustained by vote of 26 to 1, Senator Norman alone voting mo.
 Senator Morrow, in voting to sustain the veto, explained his position by cit ing two reasons; first. he said. sena torial courtesy demanded that he should vote with the Tallapoosa county sena- tor; second, he said. the act appeared to him to be unconstitutional.
 Bills Introduced
 Bills were introduced in the senate today as follows.
 By MT. Norman: To amend section 7794 of the code of Alabama.
 By Mr. Walden: To protect and pre- serve military property and to prevent improper use and disposition of such property and to provide penalties there for
 By MT, Walden: To regulate and pro vide for the volunteer military forces of the State of Alabama.
 By MT. Walden: To provide for com mission relative to an exhibit by the state of Alabama at the Panama Pa cific exposition to be held at San Fran
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