The Montgomery advertiser., 1901-08-07

tourns. the lawyer proceeds to get up his bill of exceptions. Do you eApec. him to remember all the points tha' were made, and all the exceptions ta- ken. and very frequently 1t IS neces- sary for him to recollect all the testi- mony in the case.
 MT. Oates-Isnt 1t a fact that this State is approaching one hundred years old, that there never has been a court stenographer except m Mooie' and that by virtue of special actf
 Mir. Duke-Yes. and I am informed one also in the Fourth district. NoW' after that case is finished and the law yer has prepared his bill Of exceptions, recollecting as best he could, anu nc tries to recall everything that mas happened in the case, and mas prepai ed his bill of exceptions, what ooes ne do7 He takes it to the Judge oL .ne Court trying the case, and the Judge of the Court usually turns that over to the lawyer on the other slde, anu the lawyer on the other side recohects it just exactly opposite 40 what the lawyer taking the bill of exceptlons recollects. and 1t goes to the Juose to decide, and the Judge usually sees I' somewhat different from the man tax ing the bill Of exceptions. and so IL goes to the Supreme Court ana very frequently the appellant has not lalr trial before that tribunal. Inese arc facts and every lawyer here Who pr"u tices in the Supreme Court knows It. Then, why not establish court stenoe raphers in Alabama. and WnS not ..e the Constitutional Convention oo u: Simply because the legislature can do if js no reason why the Constltu- tional Convention should not do t. II that be a sufficient reason then there are thousands of things put n thls Constitution that ought to pc str'cAei, out. 1t Is an important matter. ana i. is a matter that ought to De placeu in this Constitution. l cannot See -wny i. should rot be done. The expense VIII no, be so great. In our sister state or Georgia they have court stenographers, and I am informed that the expense is not great and they are well pleased with them and would not give them up. I had a conversation not t"o | weeks ago with a distinguisheo Supe- rior Court Judge in that state ana ne told me that they could not get along without court stenographers in Geor- gia. I am informed that in our sister state of Mississippi they have court stenograp aphers and they could not get along without them. This is an age ! of advancement. Alabama is taking her place among the most advanced | States in the Union, then why should we not keep pace in the march or prog ress in the judiciary as well as m the | other departments of State7 MT. Boone-I move to lay the amend ment upon the table.
 | Upon a vote being taken division was called for, and further vote being taken there were ayes i6. noes 49. and | the motion to table was lost. l MT. deGraffenrcid--I move the adop- ton of the amendment, and upon that I call for the previous question.
 MT. Pettus-Upon that l call for the ayes and noes.
 The call for the ayes and noes was sustained.
 Mir. Coleman (Greene)-The question I! of inquiry. D5es that say all courts justice of the peace and all?
 Mr Wilson (Ciarke)-The LeSisla- ture has the right to say in whai courts it shall be. To avoid difficulty will ask unanimous consent tt amend.
 | MT. Smith (Mobile)-I object.
 The President--The previous question had been moved but not ordered.
 Mir deGrafenreid--I withdraw the demand for the previous question fol the purpose of permitting the gentle. man to amend and be heard.
 Mir. Wilson, ask unanimous con sent to limit it to courts of record.
 MT. Smith-I object.
 Mr. Wilson, move to amend thu amendment by inserting the words "ir courts of record"
 The President-The gentleman move! | fn hH a6dinO Ia HVnpda T courts of record"
 Mir. Coleman--I would like to heal 1t read as amended.
 The Secretary read the amendmen as follows:
 Tt shady be the duty of the Legis lature to provide for taking down an( preserving verbatim reports of the evil dence in criminal and civil cases II courts of record"
 MT. Coleman-That includes of cours probate courts.
 Mr. Watts-Includes the Supreme Court.
 MT. Coleman-T do not remembe whether the Commissioners Court l. made a court of record or not. Tht amendment as I stated just now, in cludee all courts of record. Comms sioners' Court and all their proceedings 1TODdIe SOuIIS anu all thCA pA ings, but whether It would apply to th' Supreme Court or not is question O doubt.
 The President-The Secretary wil read the amendment to the amend ment.
 The Secretary read as follows:
 Amend by adding at the end thereo in Circuit Courts or courts of like jur isdiction.
 MT. Coleman-When was that amend ment offered. That has not beel adopted. There Is nothing of the kint been proposed to this Convention.
 The President-The gentleman iron Clarke proposed his amendment verb ally, and the Chair requested him l. reduce it to writing. and that is tn amendment offered to the Convention
 Mfr Coleman-That is not the amend ment offered to the Convention. l q not know that member can do that The gentleman did not have the floor { offer it. and there is no such amend
 ment before this Convention. I pro
 pose to make a few remarks, however , upon the merits of the question. No
 acceeding to the proposition that tha
 amendment Is before the Convention There is but one and that is "all court
 of record" After that time l hay
 had the 1lor and no member has ha an opportunity to offer an amendmen
 But upon the merits of thls case. Wh Is to pay the expense? Is IL to com , out of every litigant or is 1t 10 com , out of the State? You say that Is lei O tho aotSlafure If tho T,nPiSlatuT