The Montgomery advertiser., 1901-08-30

Il
 itor prosecutes criminal cases, and such solicitor shall be learned in the law. | and shall at the time of his 'election and during his continuance in ofice. reside Tn a county in the circuit in l which he prosecutes criminal cases, or other territorial subdivision for which le Is elected. and his term of office snail be four years. ana he shall re- celve no other compensation than a salary. to be prescribed by law, which shall not be increased during the term Tor which he was elected: provided, that this article shall not operate to abridge the term of any solicitor now m ofnce; and provided further. that the solicitors elected in the year nineteen hundred and rour shall hold office for six years. and until their successors are elected and qualified; and provided further. that the legislature may pro- vide by law for the appointment by the Governor or the election by the quali- lied electors of county of a soliclLor for any county.
 16S. In each precinct not lying with in. or partly within. any city or in- corporated town of more than fifteen hundred inhabitants. there shall be elected by the qualified electors of such precinct not exceeding two justices of the peace and one constable. Where one or more precincts lie within, or partly within, city or incorporated town having more than fifteen hundred inhabitants. the Legislature may pro- vide by law for the election of not more than two justices of the peace and one constable. for each of such pre- cincts. or an inferior court for such precinct or precincts. in lieu of all jus tices of the peace therein. Justices of the peace and the inferior courts in this section provided for shall have Jurisdiction in all civil cases where the amount in controversy does not ex- ceed one hundred dollars. except in cases of libel. islander, assault and bat tery and ejectment. The legislature may provide by law what fees may be charged by justices of the peace and copstables. which fees shall be uniform throughout the State. The right of appeal from any judgment of a justice Of the peace, or from any inferior court authorized by this section, without the prepayment of costs, and also the term of office of such justices. and of the judges of such inferior courts, and of notaries public. shall be provided for by law. The Governor may appoint notaries public without the powers of justice of the peace. and may, except where otherwise provided by an act ok LHC CSISldluIc. dppOlhL DOl than one notary public with all of the powers and Jurisdiction of justice of the peace for each precinct in which the~ election of justices of the peace shall be authorized.
 169. In all prosecutions for rape and assault with intent to ravish the court may. in its discretion. exclude from the court room all persons. except such as may be necessary in the conduct of the trial.
 ITO. The style of all process shall be 'The State of Alabama" and all prose- cutions shall be carried on in the name and by the authority of the same. and shall conclude. Against the peace and dignity of the State."
 III. The legislature shall have the power to abolish any court except the Supreme Court and tAe probate courts, whenever it's Jurisdiction and functions have been conferred upon some other court.
 172. Nothing in this article shall be so construed as to abridge the term of office of any officer now in office.
 MT Knox-I desire to offer an amend ment to Section 167.
 The amendment was read as follows:
 Amend Section 167 on Page 42 by in serting after the word County" in the fifteenth line the following: "Or by the legislature"
 MT. Knox-At the time this section was adopted. and in the discussion that took place in reference to the election of solicitors. l do not remember that any objection was urged to the election of the solicitor by the legislature where that officer was confined to a single county. I know when the proposition was offered and accepted on that sub ject. the friends of this movement were under the impression that this was embraced in the amendment of- fered by the gentleman from Madison tMr. Walker) It seems to me that it might be found in the practical work ing of this section to be unwise to have solicitor for a single county elected by the people, and the same objection might be made to the appointment of solicitor by the Governor. It seems to me that 1t ought to be left to the legislature. so that the legislature could provide if the public good re- qured 1t. that the solicitor for a single county might either be elected by the people, appointed by the Gov ernor. or elected by the Legislature. as in the judgment and wisdom of the Legislature might be deemed best. I do not care to discuss the question fur ther, but merely desired to cali atten- tion to the amendment.
 Mir. Harrison-I would like to ask the gentleman one question. Do I under stand correctly that the effect of the amendment is simply to leave it to the Legislature as to how they will be elected?
 MT. Knox-It simply leaves it to the Legislature to determine how they shall be selected. This does not affect in the least the method of electing Circuit Solicitors. They are to be elected by for subdivisions or two or more coun- ties This relates simply to the selec- tion of Solicitors for single counties.
 Mr. Walker-The contest in reference to this matter of the selection of So- ton of their election by the people or election by the Legislature, and this provision which operates to take out of the hands of the Legislature in all instances, the election of Solicitors, was, corrective. fully understood at the time this provision was adopted. This provision has been in the hands of gen tlemen on both sides of this controversy for several days. and there was no room for a misunderstanding as to that. Now that was the controversy, as to whether or not the method hereto fore prevailing for the election of So- licitors by the Legislature should be abolished, and this Convention, cer- tainly with deliberation. adopted the policy of taking from the Legislature