The Montgomery advertiser., 1901-08-07

are as many as seventy that fall witt-f in the non-fee paying cases, n1isde~ meanor cases. and cases of feloniea, where there are no affirmances, and cases of insolvent parties If that in~ formation Is right, there would be three hundred cases left, and the or- dinary fee bill, as printed, and that any man can look at. produces to the clerk. $11.05 under ordinary circum~ stances-$11.05 when a sciara facias io issued or execution, and there are one or two exceptional instances where ad-1 eitions are made. Those additiona may run it up to little over $12- " am told that SIP is a fair or large ay%. craze on the cases. If that be c0rrecNs then there is $500 or $4.000. Then 5 addition to that there are copies opinions. That may amount to $ZeO or $500. and then from that must be de- ducted an amount for an employe Tn the office. I have understood that that made a net result of $S.0sO. It may pc little more 1t may be little less So it seems to me that the statement made here that the clerk should not receive three times as much as tne justice of the Supreme Court Is reck- less statement So far as my informe- ton is concerned. 1t is not justified by any facts, but it does not seem to me that is the question. The question is whether paving a man according to the amount of work he does is q just method of compensating him. 1T the amount paid for that work is too large 1t seems to me that the reduction o1 1t is within the province Of the legis- lature and not within our province, ana therefore the majority report is cor rect. and I move to lay the ameno- ment upon the table.
 Upon a vote being taken the motion to table the amendment prevailed.
 MT. Sanford (Pike)-I move that the report of the Committee De enerossed and ordered to the third reading.
 MT. Oates-I rise for the purpose of offering an additional section. tnink there is merit in 1t.
 The section was read as follows:
 Additional section giving the power to the legislature to abolish courts.
 Amend Article on the Judiciary C lowing section:
 .sThe legislature shall have the pow ar to abolish any court except the su- nreme Court and the Probate Coufts whenever necessary from any cause, or its Jurisdiction and functions nave been conferred upon some other court.
 MT. Oates-Ali that have to say abo,,t that is that it is offered to make the power of the legislature clear wherever 1t becomes necessary.
 know that in the past there mas Deen litigation springing up In cohsequeiio1 of the legislature abolishing couIts, - to whether or not they had the powss' Sra of the members of this Commit t.a the delegate from Mobile. MT. Fii- ians had drawn nurriedly two propo- sals to cover this ground ana Wneh he was leaving he handed them 70 me and asked if would not drart one and present it. I have done the pese oo,Id m it. and think 1t is the prop-~ CT thing to be done. ,,....,s~
 Irnon a vote being taken dfvision vas called for, and the amenomsns was adopted by vote or of ases es 37 noes. .S ditional section. ~ law change the mode of selecting the solicitor of any county. or may provide for the appointment of such ofncer
 Mir Reese-Mr. President, the awendment is offered to cover coutin- gencies that may arise. in ract the U- cal conditions of the various counties of this State are very much Varieu. The plan of selection by the people wis resuit in the election of good men m some of the counties and 1t will be yin- expedient in other counties to select the best men by that method. Tnere are various reasons, unnecessary ta mention, but which suggest themselves to the members of this Convention why this should be done. AS far as ana concerned, enc reason that has guided me in the support of this amendment ia that the party which now has charge of the affairs of this State Is the party that has furnished the best. most hon. est and trustworthy officers that the State has ever had. I am afraid to trust the Republican party of this State to furnish officers for the State of Ala bama. and if I. were a member or the Legislature, I would vote for law that would permit the Legislature to select prosecuting officers in counties where otherwise it would be put in the hands of negroes and the opponents of the party which has given such good government to the people of Alabama. Speaking candidIy, that is one of the reasons why I would accept this amendment. But eliminating any par
 tisan motives at all have grave doubts as to whether this mode of electing solicitors would result in good in my county. It makes the solicitor dependent for the office upon the very men whom he Is expected to turn around and prosecute. We know in, these cities there are men and infiu- ential citizens and politicians not in- terested in the enforcement of law and in the prosecution of criminal cases and MT. President, that class of citi- zens in a community exercise a very large and a very wide Influence and If they were to go out to get the office of solicitor they could get 1t. It has been suggested to me by delegate of this Convention that the law and or der crowd could control this matter. MT. President, whether or not the law and order crowd has ever gone cut against the other crowd, the law and order crowd generally got wiped up and I do not believe we ought to put in any iron clad ruling in this that might confront the Legislature in the future and prevent them from rectifying q trouble that may ensue from the pro- vision agreed upon by this Convention, and I hope that this committee. MT. President, to aid in morality has been allowing this committee in allowing home rule, in allowing people of diff ferent communities to adjust these provisions to their particular and local needs and I think this is another step in that direction and I hope the dele- gates in this hall will vote in favor of the adoption of the amendment.
 Mir. Ashcraft-I would like to have the amendment read.
 ment.
 Mr cr,ith (AFobtaN don't kpoxu