The age-herald., 1901-07-18


 ground that 1t was an innovation. (Ap- plause). Governor Jones had also favored | the election of the Governor for four years, and if the people could trust a Governor for four years they could trust the legislature for that time. He moved
 to lay upon the table the motion to recon
 slider, which was done by a vote of 67 to ] 55
 Corrects the Advertiser.
 | The roll was then called for the intro-
 duction of ordinances. MT. Beddow when | his name was reached arose to question | of personal privilege. He referred to a
 statement in the Montgomery Advertiser | of today saying he had appealed from a
 decision of the president. He said this | was incorrect, that he had never appealed | from any decision of his, and that he had | the greatest respect for him and that his | appeal from decision of Judge Robinson l who was in the chair at the time was in 1 order to sustain previous ruling of the
 president.
 MT. Williams of Marengo introduced a | resolution to limit the debate on a mo-
 tion to reconsider to twenty minutes MT Burns of Dallas offered a resolu-
 ton that no member could call for the previous question or move to lay on the
 table at the conclusion of his remarks. A report of the committee on schedules and expenses was read and adopted.
 MT. Smith of the committee on judiciary
 then made its report. No radical changes
 are recommended and the following Is the article as reported:
 Judicial Department.
 Section 1. The judicial power of the State shall be vested in the Senate sitting | as a court of impeachment, a Supreme | Court, a Circuit Court, chancery courts, courts of probate, such courts of law and equity inferior to tn Supreme Court and 1 to consist of not more than five members,
 as the General Assembly from time to time may establish. and such persons as
 may be by law invested with powers of a |, judicial nature; but no court of general
 Jurisdiction, at law or in equity, or both, shall hereafter be established in and for
 any one county having population of less than 10000 or property assessed for taxation at a less valuation than $3,500, 900. Sec. g. Except In cases otherwise direct
 ed in this constitution the Supreme Court
 shall have appellate jurisdiction only,
 which shall be co-extensive with the State
 under such restrictions and regulations
 not repugnant to this constitution, as may
 from time to time be prescribed by law.
 except where Jurisdiction over appeals is
 vested in some inferior court and made i final therein; provided the Supreme Court l shall have power to issue write of in l junction. habeas corpus, quo warranto l and such other remedial and original l wrlts as may be necessary to give 1t a l general superintendence and control of in- 1 ferior jurisdictions.
 Sec B. The Supreme Court shall be held l at the seat of government, but if that
 shall become dangerous from any cause, | 1t may adjourn to another place.
 Circuits and Courts.
 l Sec 4 Except as otherwise authorized l in this article, the State shall be divided I into convenient circuits; for each circuit l there shall be chosen judge, who shall, ] for one year next preceding his election l and during his continuance in office, re- 1 side in the circuit for which he Is elected. 1 Sec B. The Circuit Court shall have orig | inal Jurisdiction in all matters civil and l criminal within the State not otherwise
 excepted in this constitution; but In civil l cases, other than suits for libel, slander
 assault and battery and e1ectment, 1t
 shall have jurisdiction only where the
 matter or sum in controversy exceeds $5O Sec. 6. A circuit court or a court having
 the Jurisdiction of the circuit court shall i be held in each county in the State al
 least twice in every year. and judges oi
 the several courts mentioned in this sec
 ton may hold court for each other when
 they deem it expedient, and shall do SC
 when directed by law. The judges Of the
 several courts mentioned In tnis sectlon 1 shall have power to issue writs Of 1n)unc- | tion returnable in the courts of chancery
 ar courts having the jurisdiction of courts | of chancery.
 Sec '. The General Assembly shall
 have mower to establish court or courts
 of chancery, with original and appellate Jurisdiction, except as otherwise author
 ized in this article. The State snail DC divided by the General Assembly into con
 venient chancery divisions; and each
 division shall be divided into districts ana for each division there shall be | chancellor. who shall have resided for one
 year next preceding his election or ap- pointment, an, at the time of his election l or appointment and during his contlnu-
 ance in office, shall reside In the division l for which he shall have been elected or
 appointed.
 Sec. S. A chancery court, or a court l having the Jurisdiction of the chancery
 court. shall be held in each district, al
 a place to be fixed by law, at least twice | in each year, and the chancellors may | hold court for each other when they l deem it necessary.
 Circuit for One County.
 i Sec. g. Any county having a population exceeding twenty thousand, according to | the next preceding Federal census, and
 also taxable property exceeding three million ike hundred thousand dollars III value. according to the next proceeding 1 assessment of property for state and l county taxation, need not be included ir any circuit or chancery division; but ii the value of it's taxable property shal | be reduced below that limit or It's popula- | ton shall be reduced below that number | in either of which events the General Assembly shall include such county IT
 a circuit and a chancery division, oI
 either, embracing more than one county | No circuit or chancery division shal contain less than three counties, unless | there be embraced therein a county hay
 ing a population exceeding twenty thou
 sand and taxable property exceeding three
 millions five hundred thourand dollars | The General Assembly may confer upor | the circuit court or the chancery court | the jurisdiction of both of said courts | In counties having two or more courts | of record the General Assembly may pro vide for the consolidation of all or any
 of such courts of record. except the pro bate court with or without separate di- visions, and an appropriate number oi l judges for the transaction of the business of such consolidated court.
 | Sec 10. The General Assembly shal
 have power to establish in each county l within the State a court of probate, with | general jurisdiction for the granting oi | letters testamentary and of administra- | tion, and for orphans business: provided whenever any court having equity powers
 has taken Jurisdiction of the settlement of any estate, said equity court shall have power to do all things necessary l for the settlement of said estate, includ-
 ing the appointment and removal of ad. | and