The Birmingham age-herald., 1911-02-23
Arnold Opposes Measure

| all of which, he declared, pointed to the fact that the bill was not constitutional.
 Arnold Opposes Measure
 Representative Mulkey, from Geneva county, believed that the governor was in error in reference to the unconstitution- ality of the bill, stating that the legis- lature had the power of enacting law, but that the supreme court had the power of passing upon whether or not such mat ters were constitutional. T am fully con- vinved that the statute is constitutional, ,' l said MT. Mulkey. "The legislature should not assume the prerogative of deciding | this question in the negative. The su- preme court could decide the question, but it cannot decide 1t unless it is pre- scented before that body. If there is any l doubt it should be presumed that the law is constitutional"
 MT. Mulkey was followed by Represent tative Long of Butler county, who said he was not lawyer, but that he did not 1 think any court of county commissioners should be allowed to borrow money with out the consent of the people. MT. Long 1 thought the house should not sustain Mr. l Rylance in his motion to pass the bin | over the governors veto, and made a strong speech against the passage of the | measure.
 Almon Speaks Speaker Almon said he had investi- gated the matter and that he was satis- fed that the bill was constitutional. Tt passed both law committees of the leg slature," said Judge Almnn, without op- postion and it also passed both the senate and house without opposition It Is to be presumed that these two bodies would have recognized any unconstitu- tional features in the bill" | In regard to MT. Long's statement that 1 the question of borrowing money with out an election was not right, Speaker Almon salu he thought the people who elected their commissioners had confidence in the men whom they put in office, and | that 1t was for the commissioners to say whether or not they were doing the right thing.
 Ut is no reflection on the governor for us to pass bill against his objection" said the speaker The men who made this constitution made provisions for the legis- l lature to pass a law against the gov ernor's objection
 | MT. Waddell followed Judge Amon, saying that he had been on the commit | tee which drafted the constitutional pro- vision referred to, and that it was the sense of that committee that a matter of the nature before the house would be | constitutional.
 Those Who Voted The question was then put by Repre- | sentative Rice, who was in the chair, and | the vote was as follows:
 | Yeas-Almon. Acl1er. Avery, Bell of | Pickens, Brewer, Brindley, Brown of Pike, Burton, Bush, Capps, Chamberlain, l inf Lrlo Fletcher. Fowlkes, Fuquay, Green, Grif- fifth, Helms. Hollis of Choctaw, Hollis | of Walker, Horton, Jackson, James, Jen- kins of Bullock, Johnson of Clarke, John- son of Marshall. Kilburn, Lawson, Lee, Letson, Martin of Jackson, Merritt, Mill ner, Moulton, Mulkey, McGowen, Me Lendon, Page, Pharr, Pegram, Percy. l Putnam, Preston, Ramsey, Rice, Rch- eson, Robertson, Rylance. Sanders, Stol- lenwerck, Twombly, Waddell, Walden, l Walker, Wheeless, Williams-total 59 Nays-Arnold. Barnard Bell of Autau- | ga. Butts. Carroll. Dennis, Boswell, Gew- in. Hood. Huddleston, Johnson of Elmore Jones. Judge, Long, Lloyd, Martin of Cal 1 houn. Mastin, Merrill, Mcdonald, Nichol- son. O'Neill. Parks. Popwell, Pruett Quinn Smith. Strickland, Sullivan, Waits, Whatiey. Wilhite, Wright-total g.
 Bills Passed
 lHe HOuSe loudy passed the following | bills:
 By MT. Pegram-To amend sections SG15 and 3625 of the code of 1907. relating to the amount of real and personal property that may be held by corporations and to the manner in which corporations may amend or annul their charters Passed by a vote of 64 to l.
 By Mir Strickland-To amend section 1850 of the code of Alabama, making it a msdemeanor for persons other than reg istered pharmacists in towns of POO inhab- itants and over to fill prescriptions of physicians. Passed by vote of 65 to A. By MT. Sprott-To amend section 2296 of the code of 19o7 relating to deeds is- sued by probate judges to purchasers of property Vote. 6s to O.
 By Mir Morrow-To amend section 1863 (3665) of the code relating to lease of school and indemnity lands. Vote 6 to O.. By MT. Fite-To prohibit any one know inelv and with the intent to injure and defraud, issuing checks Or orders upon banks when the makers of such checks have not sufficient funds on deposit with the drawee to pay such order.
 Introduction of Bills
 The house was called to order by Speaker Almon shortly after 10 o'clock this morning, and prayer was offered by the Rev. MT. Sturdivant of the house. On roll call 64 members an- swered to their names.
 On the call of counties the follow ling bills were introduced:
 By MT. Stollenweick: To regulate