Birmingham state herald., 1897-02-04
cARRofIHDN.
Objections Raised lo the Report of the
 Code Committed

Objections naised to the Report of the
 Code Committee.
 carrollton, Feb 2-Cspeelal corre- Hpondenee.) )-frhere appears to be some objections to the report of the code com- mittee as to transcripts of appeals from circuit. chaneery and probate courts Of this state. The changes contemplated are Intended 10 abolish the rule of the su- preme court requlrlng abstracts to ae- company the tranaeflpt.
 E If the recommendation is adopted the transcript will have t0 be typewfltten In every case. when 1t Ia not printed, al the cost of the appellant
 Such law wltl require the judge of probate In Piekeng. the clerk of the cir., cult. court and tho register in ehaneery to prepare | transcript in eases of appeal just as 1t ia HOW done, Then they will have to get the tranheripts typewrltten at their own expense.
 When the case on appeal reaches the supreme court tho iiidees will In many gases, have to read the entire proceed ihRs in order 10 see on what ground the Tribunal of last resort ia asked to revise the proceedings of the lower court, It Ia believed here that the supreme court has adopted a good rule. and chat tho legislature will do an improper thing
 
 shall or shall not adopt, and especially when the legislature ia requiring of on officer to do what was net required by the court, and for which there Ia no nees- sty.
 The office Of Inc abstract ia distinct from that of the transcript. The court requires the appellant to prepare brief statement Of his case, so that the points al Issue cnn be understood without rf1d- ing the entire transcript; The legislature
  in ite way Many persons believe that the court of last resort understands the matter better than the legislature and that II has the power Co adopt rules Co facilitate business If such changes meet tho approval of the court, the adoption of such . law will not be just to the oiii- cers who prepare transcripts, The code committee have acted on tho assumption that tho clerks registers and judges of probate are typewfiters. or that their salaries will justify them in keeping q clerk who ia n typewriter
 If II be taken for granted that the au- preme court had no power to make tho fnlo in question: Independent of the statute. yet having acted as II deemed best for conducting proceedings In that tribunal by making rule which required tho appellant to provide an abstract. II appears to be In bad taste for one branch of the government 10 say that anotber department In governmental poWefs should not adopt regulations adapted to the end of n better method of conducting judicial buslneas,
 The work on Inc Montgomery, Tnaeo- looHa and Memphis railroad having been resumed in laying track in the city of Montgomery, the people of piokens now feel very confident of getting Inc long expected road through this county, II has been stated by persons connected with Inc enterprise that 1'uscaloosa and Columbus will be connected by ral withA in twelve months, The cold wave struck this county last sunday night, and since that time tbn thermometer has varied but llttle The ground has been covered with Hleet and snow for several days, Mir. J G fonsmire. q very old and rt- spectabie citizen of this county died last week and was buried with Masonic hon dfH neor his home tIe was at ono tiine tax collector and assessor of Piekens. and leaves behind him many friends,
 Mir A. M Nash. another old citizen uf this county. died during the present week
 Mr. Gabriel Fowler, who was about So years old died during the present week, and was buried at the church near Big Creek
 Mrs Alice Mitchell, wife of MT. D, A. Mitchell. who lives near Carrollton died Il few dnys ago. She leaves live ehll- dfeh. The people of this place have the