The Montgomery advertiser., 1901-08-04

MT. Pillans-Of course 1 shall not detain the Convention but few min utes, because the gentleman who hae moved this important amendment has not thought 1t proper toNsay much 1T, support of it. | desire, however, to call the attention of this Convention 10: the fact that the clause as reported is substantially almost in words, the clause exists as Section No. 2 of the Judiciary Article in the present Con- stitution, and under the existing Con- stitution of Alabama, and under the Constitutions of Alabama which have existed since 1919, this dangerous pow e. which the gentleman finds in our re- port existed unquestioned. It is always within the power of the Legislature of Alabama to do this thing which he now objects to. Now there is no plan, there is no scheme in this report. the report simply seeks to trammel the Legisla- ture as little as necessary to the good government and due organization of the State Judiciary, and in so doing it has brought forward into the plan proposed in Section the powers which always existed in the Constitution of Alabama. Therefore. Mir. President, l move that the amendment offered in behalf of the Minority Committee be tabled
 On a vote being taken the motion c table prevailed.
 MT. Sanford (Pike)-I move the adoption of the Section as reported by the Committee and upon that move the previous question.
 MT. Sanford (Montgomery)-Can ask question. In the second Section don't it provide practically for two Su- preme Courts?
 MT. Stanford (Pike)-tNo sir.
 MT. Sanford (Montgomery)-It says
 II-k- t-1 tAr N final besides the Supreme Court.
 Mr. Sanford (Pike)-I call the gen. tlemans attention to the fact that 1t only gives the Legislature power to do so in case 1t may become necessary In the future, 1t does not establish any court at all.
 Mir. Sanford (Montgomery)-Did you ever know a Legislature that did not exercise a power and sometimes abuse it?
 MT. Sanford (Pike)-Yes sir.
 The President pro tem-The question is shall the main question be now put7
 Upon a vote being taken the main question was ordered and a further vote being taken the Section was adopted.
 The Secretary read Section 3 as fsl- lows:
 Sec. 3. The Supreme Court shall be held at the seat of Government. but, x that shall become dangerous from any cause it may adjourn to another place.
 Mir. Smith (Mobile)-I move the adoption of that Section. there is nc change from the old Constitution.
 Upon a vote being taken the Section was adopted.
 The Secretary read Section { as fol- lows:
 Sec. 4. Except as otherwise author ized in this Article. the State shall be divided into convenient circuits. For each circuit there shall be chosen judge who shall, for one year next pre- ceding his election and during his con- tinuance in office, reside in the circuit for which he is elected.
 MT. Smith (Mobile)--I move the adop. tion of Section 1.
 A vote being taken the section was adopted.
 The Secretary read Section 5 as. fol- lows:
 Sec. s. The Circuit Court shall have original Jurisdiction in all matters civil and criminal within the State not oth- erwise excepted in this Constitution: but in civil cases. other than suits for libel. islander assault and battery and ejectment. 1t shall have Jurisdiction on- ly where the matter or sum in contro- versy exceeds fifty dollars.
 MT. Smith (Anobile)-I move the adop- ton of Section $.
 MT. oates-I desire to ask the chair man of the committee a question. That does not. believe, give the Circuit Court equity jurisdiction. does 1t still leave 1t in the power of the Legisla- ture?
 Mir. Smith-This section does not touch that question, but subsequent 1@ ~wla fr- diction in the Circuit Court. The only change in this section Is that by some curious oversight in our former Con- stitution no court was given jurisdic- tion in cases of assault and battery and ejectment where the amount was less than fifty dollars. 1t was outlawed under the old Constitution. and we simply brought that within the juris- diction of the Circuit Court. No other change was made. A vote being taken the main ques- ton was ordered. and a further vote being taken the section was adopted. The Secretary read Section 6 as foi- lows:
 Sec, 6. A circuit court, or a court having the jurisdiction of the Circuit Court. shall be held in each county in the State at least twice in every year. and judges of the several courts men, tioned in this section may hold court for each other when they deem 1t ex- pedient, and shall do so when directed by law. The Judges of the several courts mentioned in this section shall have power to issue writs of injunc- tions, returnable in the Courts of Chan cery or courts having the Jurisdiction of Courts of Chancery. MT. Smith (Mobile)-I move the adontion of Section 6. A vote being taken the main question was ordered. and a further vote being taken the section was adopted. The Secretary read Section as fol- lows: i
 Sec. i7. The General Assembly shall have power to establish court or courts of chancery, with original and appellate jurisdiction, except as other wise authorized in this article. Tho State shall be divided by the General Assembly into convenient chancery divisions; each division shall be di- vided into districts. and for each divi- sion there shall be a Chancellor. who shall have resided for one year preced- ing his election or appointment. and. at the time of his election or appoint ment, and during his continuance in of- flee, in the division for which he shall be elected or appointed.
 MT. Smith (Mobile)-l move the adop- tion of that section. MT. Oates-I have not yet reduced 1t to 1uritip1 hut I move to strike out