The Montgomery advertiser., 1901-07-07

IH. 0sHS&t--Ihfs authcTixeH fnat a
 <nn tnrv can be dispen1ed wfsh In 0eto&lnfS and prosecutions before <I G<16oe of the Peace and such other
 f1Fior courts as may be established?
 6v not amend that by inserting the mords nCircuft Court" before Justices k - the Peace so that parties could be i ntoceedSd against in the Circuit Court & information without indictment. S& IF. Ferguscn-Beihlg q solicitor, I 6iN not want to come Id the attitude nk Greek bearing gifts. ;I come in " interest of economy. Tn the inter &Gt ok speedy trials in this sort of eaeee. As I was proceeding to say. 1T V man has committed grand larceny It &iSy have been within two or three &6ys after the grand jury has ad- 1ournAd and he will have to lie in jail ! o1x menths until another grand jury GonveneS before he can be put on 113af. That means @ a month, or $54 lor his feed. He may want to plead xui1ty. I have in my own experience known where men were committed to 5ail on the charge, of grand larceny and they desired to plead guilty but could not do SO because they had not been Indicted. and they had to lie in zail many weary months until a grand lury convened before they could plead kuilty. With such a provision as this 2mendment in the organic law those ! men could go before any court of com potent Jurisdiction and enter their plea q guilty.
 Mr. Kogers-Before what tribunal < would the accused be tried in those counties where there are now no courts 1T conpetent jurisdiction. when the Circuit Court is not .sitting?
 Nr. Ferguson--I am glad the gentle man asked that question. because In < nearly every court we have . County Court that has jurisdiction of all mis- demeanor cases that the Justices of the Peace have not final jurisdiction of. There Is not a county in the State but what has County Court or some court 6Aving Jurisdiction of all misdemean- ors, Ike the City Court of Montgomery, the City Court of Mobile, and the Criminal Court of Birmingham.
 Mr. Hpone-And the Inferior Court of
 Mr. Terguson-And there is one at Gadsdeft and one at TalIadega. In all these courts these men could immedi- ately plead guilty if they desired or they could get speedy, trial without the Intervention of the grand jury.
 Mr. Jones fWilcox)--I am satisfied, Mr. Prksident that the delegates on this floor would not entertain for a nlomentia proposition to allow all fel- gtnformation.
 Mir. Fersusen--I do not ask that.
 Mir. Jones (Wilcox)--I, can see no reason why an exception should be made h the ease of grand larceny. There is no reason that presents itself to my mind why we, should pick out chat single offense and make an excep- ton of 1t and say that with regard To that onense an information shall be allowed and that an indictment by a grand Jury is not necessary. do not want 10, take up the time of the Con- yenttDn Tand if no gentleman cares about speaking particularly, move to lay fNe amendment on the table.
 A vote being taken the amendment was tabled.
 Mir. oNeal--I offer an amendment.
 The Amendment was read: Amend section P, line six, by adding rhe worda sthe Circuit or City Court. or. before the words Justices of the
 Mr. Lomax-T move that the amend. snent be laid on the table.
 A vote being taken the motion to table was carried.
 Mr Lzomax--I move the adoption of the section and on that I call for the previous question.
 GE- ton was ordered and a further vote being taken the section was adopted.
 section 19 was then read as follows: Sec. 10. That no person shall, for the same offense be twice put in ieoparAv or life or limb; but courts may. nnr reason fixed by law. discharge i,fries from the consideration of any case and no person shall gain any advan. ssee by. reason of such discharge of
 Mr. Lemax-The amendment to that section proposed by the committee is to allow courts, for reasons fixed by law. te discharge juries from the con- alteration of any case. I can see no reason why court should not have the power after jury has fully and fairly and honestly for &Msng time seoasid- cred case, to discharge the jury un- der proper conditions and circum- stances that may be prescribed by law. There Is no reason why a jury should pc tortured by one or two men holding that jury until their patience is ex- hausted and until they Ire altogether weary and worn out For that reason fhe committee thought 1t was best to say in this section that courts may for reasons nxed by law. discharge juries from the consideration of any case, and that this discharging the jury should not be held to have put the de- fendant in jeopardy
 Mir. Cunningham--I desire tosask the Chairman what is meant by limb"
 Mir. Lomax-It means an arm or c leg or an eye or a nose.
 Mir. Boone-Does it not mean may. hem?
 Mir. Lomax-Yes; 1t means his life or srievous bodily harm,
 On motion of Mir. Lomax the section was adopted and Section Il was then read as follows:
 Sec. il. That no person shall be barred from prosecuting or defending before any tribunal in this State, by himself or counsel. any civil cause to which he is a party.
 On motion of Mir. Lomax this section was adopted and Section l2 was read as follows:
 Sec. F. That the right of trial by Bury. shall remain inviolate.
 The minority report for Section 12 was also read as follows:
 Minority reports:
 The undersigned members of the Committee on Preamble and Declara- 4ion of Rights do not concur in the |. Foregoing report of the committee So far as 1t relates to Section 12, Article < I. for the following reasons:
 In every relation of life in Alabama, where the result Is dependent upon the opinfons and decisions of a number of persona, the principle of majority rule