The Birmingham age-herald., 1911-02-08
COMMISSION BILL
 HAS LIVELY TIME Resolution to Recommit Goes
 to Rules THE DEBATE IS SPIRITED Percy Contends That the Resolution Is simply an Effort to Delay Action Being Taken on Comm ssion
 for Birmingham
THE DEBATE IS SPIRITED
BY HUGH W. ROBERTS

| WI ull -A0PCSidA.
 From the discussion of little thing. the house this morning. with marked precipitancy, seriously delved into ques tions of constitutionality.
 Representative Pitts introduced resolution providing for the reference of all bills concerning commission gov ernments for cities to the committee; of the senate and the house on Jul diciary for the purpose of determining whether the bills are in conflict witt section 42 of the constitution, whicf divides government Into three parts the judicial, the executive. and the leg islative
 Following the resolution MT. Pitts offered a motion suspending the rules in order that the resolution might be put to a vote at once instead of re- ferring it to the rules committee.
 The fight which followed was a warm one. and resulted in another victor for Walker Percy. The resolution is now in the hands of the rules committee. II is expected that that committee will render an adverse report on the reso- lution.
 The Debate Begins Mir Pitts stated that he was in ia vor of the commission government idea but that he thought the constitution ality of the plan should be tested be- fore the legislature goes too deeply into the proposition.
 Representative Smith of Montgomery stated his belief that the proposed ac- ton was unnecessary. as the members of the municipal organization commit tee were, as rule, lawyers.
 Representative Arnold thought that the commission idea should be thoroughly tested before it's adoption by the legis- lature end declared himself in favor of ihe Pitts resolution.
 Representative Rice spoke against the resolution, and declared that the func- identical with those given at the present time to city councils.
 Representative Parks was in favor of the resolution, and suggested that the house move slowly and cautiously before irrevocably committing itself. Representative Williams of Barbour, wondered how the matter could be re- ferred to the judiciary committees inas- much as the Percy bill was before the house, and the Smith bill for Montgom- cry had been passed by the house. MT. Percy Speaks Then arose MT. Percy. He spoke for practically half an hour. He pointed out decisions by the supreme courts of Ala bama, Pennsylvania and New Jersey which discussed favorably the questions contained in the commission bills. He sarcastically stated his surprise that the resolution should nave come from MT. Pitts, who had promised to sup port the commission bill for Birmins- ham," He was sarcastic, too, in his reference to the statement of Mir. F'itts that he had not read any commission government bills.
 He intimated strongly that the move was made for the purpose of delaying action, and he wondered why no reference to the constitutionalty of the commission bills had been made until the Montgomery bill had passed the house.
 He was covering ground in gigantic leaps, and beneath his blows the opposi- ton was melting away. It was apparent that he had already won his case. The fight of the opposition had oozed.
 Pitts and Percy Confer
 If the suggestion of the gentleman from Dallas" stated MT Percy, lis cor rect, Inen QeSlit lO Stdlc that ilo it WyOi is smart enough to frame constitutional commission form of government bill.
 He then expressed the belief that sec ton 42 of the code referred to state gov ernment and not to the government of cities. He again remarked concerning the fact that MT. Pitts had not read com mission government bill, and concerning the fact that MT. Pitts had agreed to sup port the Birmingham bill.
 -l.i Mr to fha Arnv AnI tell you that you will have my support. I am an advocate of the idea of commits sion form of government
 Mir Percy then declared his belief that others supporting the Pitts resolution were not favorably disposed to govern ment of municipalities by commissions.
 At the conclusion of MT. Percy's speech he chatted with MT. Pitts at the desk of the latter, and the two then walked to the rear of the house. Later MT. Pitts conferred with MT. Arnold
 MT. Pitts Explains
 During this time Representative Mulkey was speaking. He referred to the fact that he did not know whether the bills were constitutional or not, and that the report of the judiciary committee would not make him any more certain. Representative Pegram then dipped his oar in the stream and protested against the delay in acting on the question, "the solution of which the people demand
 Following the speech of Pegram Mir. Pitts took the floor. "I am an advocate of the commission form of government idea" he said. "I did not introduce my resolution to delay action or to clog the Birmingham bill. The point of the reso- lution was not made known to me until a few minutes before the converting of the house.
 The Case Won
 q introduced the resolution because I thought that this important matter sh ould be threshed out before commits sion government bills become law. My purpose was sincere purpose.