The Birmingham age-herald., 1911-03-11

he was merely following the instruc- ton of his constituents. The Moran representative said that if there was a question as to the constitutionality l of the bill 1t was the duty of the su- preme court to decide the matter, not the legislature. and that his bill should not be defeated on that ground. lie declared that he lad voted for a num- her of bills which he should not have supported merely because of personal friendship
 MT. Wilhite made a strong speech In favor of taking his bill from the adverse calendar and appealed to the house to sustain his motion.
 Perry Speaks
 MT. Percy of Jefferson followed MT. Wfhite and stated the reason which had actuated the committee in ad- xersing the bill. MT Percy said he would vote for the bill if it had any fair chance of being constitutional, but that 1t was manifestly contrary to the constitution.
 The Jefferson representative then en- tered into an argument as to the con- stitutionality of MT Wilhite's bill, quot ing from decision of the supreme court on the subject and from other legal au- thorites.
 T say that if this bill were constitu tionally prepared I would vote for 1t, but I am sure that every lawyer in the house will agree with me that it is not said MT. Percy.
 Mir. Horton of Limestone. speaking against the bill, said he disliked to oppose measure which affected another members county, but that he knew many lawyers in Morgan county who were opposed 70 the bill. Mr. Horton then read peti- ton signed by a large number of the members of the Morgan county bar, in which they asked that the bill be de- feated.
 The debate in taking the bill from the adverse calendar continued until o'clock when the house took a recess until 3 o'clock this afternoon.
 Resolution to Adjourn
 The house today concurred in. the sen ate joint resolution to adjourn this aft ernoon until Tuesday at noon.
 resolution by MT. Jackson of Lee call ing upon the house to remain in session until o'clock this afternoon and then adjourn until noon Tuesday was defeated.
 Opening Session
 Eighty-six members answered to their names when the roll was called in the house this morning, and on the call or counties the following bills were intro duced:
 By MT Richeson: To amend section 12l6 of the code of Alabama of 1907.
 By Mr Detson: To amend section 7s2t of the code of Alabama of 1907.
 By MT. Boswell (notice and prooD TO amend section 332 of the code of 1907 in reference to the election of county com missioners or members of the board or revenue of each county, in so far as the same affects Washington county, Ala bama.
 By Mir Norton: To amend section l35 of the code of Alabama.
 By MT. Almon: To amend section 46S2 of the code of Alabama.
 Debate Resumed on Wilhite Bill
 Debate on the Wilhite bill was resumed when the house reassembled this after noon, the discussion resulting In taking the measure from the adverse calendar by a vote of 32 to q. The debate was re- opened by MT. Pegram of Marengo coun- tv. who spoke in favor of the bill The Marengo representative said he dld not believe the measure was unconstitulonai' and declared that he thought the measure was sufficiently meritorious to be brought up in the house.
 MT. Wilhite again spoke for the bill, his speech being earnest and forceful. He was followed by MT. Walden of Morgan county, who stated that there was much opposition to the bill, a majority of the lawyers in his county wanting the court retained.
 At the conclusion of MT. Walden's speech MT Wilhte called for the pre- vious question, with the result that the bill was taken from the adverse calendar by vote of 32 to 27
 Bills Passed
 The following bills were passed in the house this afternoon:
 By Mir Mastin: ITO impose a tax of s1 a year on each male dog and s2. 50 a year on each female dog in the county of Montgomery, state of Alabama, over four months of age, and to provide for the collection of such tax and to provide that all live stock killed or injured and all damages done thereto shall be paid for out of the dog tax fund, and to pro- vide that the surplus left in dog tax fund on the first day of March each year shall be paid into the public rural schools of said county"
 By Mr. Curry: 'To establish a board of revenue for Shelby county, and to abolish the court of county commission CTS thereof"
 The following bills were favorably reported in the house today
 By MT. Lovelace on revision of laws To amend section 6S9S of the code of Alabama.
 By Mr Mulkey on revision of laws To amend section 175 of the code of 1907.
 By Mir Griffith on revision of laws. Providing for the transfer of all crim- inal prosecutions and indictments pending in courts of stautory criminal Jurisdiction to other courts of compe- tent jurisdiction where such courts of statutory jurisdiction are abolished O. their Jurisdiction is curtailed by legis- lative enactment.
 By MT. Pitts on revision of laws. To prevent trains, engines, cars and other vehicles on railroad and street railroad tracks from being wrecked or caused to be wrecked and to provide for the punishment of persons guilty thereof
 By MT. Eastis on revision of laws, by request. (With amendment). To fix the time of holding in each year the city court of Birmingham, and to re- peal all former laws fixing the times for holding said courts.
 By MT. Eastis on revision of laws. with amendment To fix the time of holding in each year the circuit court of Jefferson county in the Tenth jul dical circuit of the state of Alabama, and to. repeal all former laws fixing the times for holding said courts.
 By MT Martin of Jackson on re- vision of laws. To amend section S95 of the code of Alabama.
 By MT. Martin of Calhoun, on re- vision of laws To amend section 4696 of the code.
 By MT. Merritt on revision of laws To provide bail pending an appeal in all felony cases where the defendant Is sentenced to the penitentiary for a term of five years or less
 By MT. Pegram on revision of laws