The Montgomery advertiser., 1901-08-07

of giving to that inferior court only the Jurisdiction that the Justices of the Peace had?
 MT. Walker (Madson)-Do you mean under your amendment to leave 1t so that the Legislature can confer upon such inferior courts the Jurisdiction of the Circuit or Chancery Court?
 MT. Williams-I think they might have more extended jurisdiction than Justices of the Peace, and this is the principal reason: When you abolish Justices of the Peace, presume you propose to put that judge of the Infe- rior Court on salary. What salary are you going to give him? If he is only going to have the jurisdiction of the Justice of the Peace, you could not give him much salary. If you don't give much salary you can't get a good lawyer. and if you can't get a good lawyer, you can't nave a good judge, and if you don't get a good judge you are going to nave these Courts in the same fix they are in now. presided over by inferioR men. and in an illegal manner, to diff fer from the Supreme Court decisions, The object in my opinion, to be reach- ed. by Section 29 is to have inferior courts in towns having 1,500 or 2,5O0 people. which courts will be some good to the people in that particular local ity. What is the great kick against Justice of the Peace? The inferiority of those who preside over them, the fact that they decide question of one hundred dollars down which decisions are not satisfactory to the people and 1t gives rise to appeals, while if you had those courts presided over by fair ly good lawyers with fairly good sal aries, which you could get by giving them some increased Jurisdiction, you would have fewer objections and fewer appeals. Who is going to be the first man who presents himself for election to inferior court judgeships? It will be some justice of the peace who now presides over these courts. and the object of the section will not be ob- tained. I hate to see the absolute ju- risdiction given provided by the amendment. but how elsa can you reach it. and you must not for the hundredth time to repeat what other learned men have said here on the floor believe that our legislators are going to be a set of fooiA but they are going to have some sense. and that they are going to apply to the various precincts of which they create these inferior courts, some judgment as to how much discretion they are going to give these judges. It might be different in one town of 1,50e or in one town of 2,50O. and let there be some elasticity about it. and lets get rid of justices of the peace absolutely and totally. and get for a presiding judge of that particular court some good man who will expedite justice, and who will give out justice in Ia judicial manner, that is the object of my amendment.
 MT. Cobb-I am in accord with the gentlemah who has just addressed the nN tVNf fn of erecting these courts with the gen. eral Jurisdiction which his amendment would give )them. but I do believe that if we erect these courts at all they ought to have some Jurisdiction above that conferred upon justice of the peace. The Convention will observe the object 0f this proposition embraced in the Committees feport. There is complaint aN over the State of Ala bama with reference to justices of the ISace. They are sometimes said to he nuisances. While I do not go to that extent, because the office of jus tice of the peace is an important of flee. and it is frequently filled by men who are valuable officials in their section of the country. That is un- doubtedly true. while it is equally true that this office is often filled by men who have nosNconsideration for anything except the amount Of fees that may be made out of their official position, and wherever that is the case then they become troublesome citizens of the section in which they reside they encourage instead or sup press litigation. and they get up great many trifling and unimportant matters to the harrassment of their neighbors Now. to meet that condition of things, it is the object of the Com mittee here to provide I might ob- serve further. that this complaint to which I have referred with reference to action of the justice of the peace obtains more specially and previously in the cities. in Montgomery, Mobile. Selma and these large and growing places. especially in cities where they are surrounded by a certain class of our population who more than any other class of citizens are subject to these annoyances and indirectly their employers.
 Now. then. in order to remedy this in part at least and as far as we feel Justified in going, it is provided in this report that in certain places, hav- ing as many as two thousand five hum dred inhabitants. there may be an in- ferior court with judge of qualifi- cations and better character 1t may be. and man having more regard for the public interest than the ordinary Justice of the peace as he IS repre- Eented to be. should be established and wherever that is done. at the in- stance of the people (because 1t will only be done at their instance). then the office of justice of the peace with in that jurisdiction should be abolish ed. and in place of two justices Of the peace. you have got one responsi- ble officer more responsible than the justices are deemed to be. before whom you can go with these little matters of litigation and who will be supposed +o be above encouraging litigation among any class of people. That IS inc object of the Committee.
 Now, then. the Committee has Jim fled the jurisdiction of such a court as this. if established, to the jurisdic- tion of the justice of the peace. be- lieyed and so did some of the Com nittee that wherever the circum- stances authorize the establishment of encb court as this. while we would not give him general Jurisdiction. you might increase the Jurisdiction some what above that of justices of the neace and have provided here by amendment that you give him juris- diction in civil cases of S25o, and or fer that amendment.
 Mir WiIiams-T would like to accept that amendment.
 MT. Oates-Before your amendment E.. .o5 ,.t,,, not confine these inferior