The Montgomery advertiser., 1901-08-04

thc duOpIlOn tHG SeIttoh as TcpOItSo hy the Committee.
 Mir. Oates-I have an amendment.
 The Secretary read the amendment as follows: Amend Section by striking out all the words in line and g. down to and including the word therein in the 9th line.
 Mir. Oates-The words l wish to strike out are these: No circuit or chancery division shall contain less than three counties unless there be em- braced therein." etc.. so that the sen tence shall begin. "A County having a population" etc. Mir. President. l am by the Committee in many of it's changes. I am one of those who he lieve we have not too many courts. Now, sir, the object of the amendment is to remove this evil. l know, sir. ai times when the legislature have sought to make a circuit or circuits contain ing less than three counties they have not been able to do 1t and such was the case with the last legislature. They wanted to make on account of the vast amount of business here a new circuit but it would not work because of the volume of the business hat would be in three counties. and what was the result? We have a double-headed city court. a city count with two judges. both of them most excellent gentle men. but 1t is a novelty to have city court with two judges and 1t Is be- cause they could not make 1t circuit court. I am in favor of the system that will give fhe people proper fa- cilities for having their judicial bus'- ness performed. I am very much In accord with the remarks of the dele gate from Limestone. Our judicial sys- tenn in Alabama belongs to the old cow-county system and is |ay behind the age. It is an old fogy system, and the idea of a judge coming around and holding court once every six months Is superiatively ridiculous. Why. look at the Auditors report. Bills for feed ing prisoners detained in jail awaiting trial, $9S, 900 last year; and 1t has run over s100.000. When a man is thrown into prison. the court ought to be able to try him very soon. and If he ia not guilty, he should be allowed to go. and # he is guilty. he ought to be put on punishment. We are behind in this respect. I say clean out the jails and clear up the dockets. Courts are in augurated for no other purpose than for the disposition of the business. The whole object is to dispose of contro- versies between man and man and to enforce the criminal law for the pro- lection of society, and the greater the facilities for accomplishing these ob- jects. the better 1t is done. Now. sir. this thing of delay and delay. ana con tinuances and eating up parties with costs is very bad indeed. and hope before this Convention gets through with this department that clause will be inserted declaring the courts of the State always open for Dusiness so as not to wait for regular terms; that when business accumulates for the Judge or Clerk to give notice to the parties interested and let the judge, whose business 1t Is, go and slt and try cases and dispose of them at once Why, I invite the attention or the gentlemen to the system in the new States out West. You look at Texas and there is where they beat us ten to one in the facilities for the disposition of business. Go to Call fornia. a most admirable system. where every large county has one. two or three circuit judges. One half the sal ary paid by the county and the other half paid by the State. and the salar- ies are $4,000 year. Where there are small counties they sometimes throw two and sometimes three together. and there the courts are always open TOT business You get two or three or four cases on hand and | the judge goes and tries those cases and disposes of them. They have one grand jury a year to find bills ana they have a criminal term or two or three. if necessary. and they do the business. That Is the object Of the court. to do business and get on with it, Why this eternal delay is delete rious to the interests of the people. IL is more expensive. 1t is against the in-
 
 and 1t is wrong all along the line. we have a declaration in the bill of rights that court shall be open for business and justice shall be dispensed With out denial or delay, and then tollow If up with a system where you cannot get your cass tried under six months. maybe twelve or eighteen months, ana many men who bring suits to recover money. do 1t most reluctantly, because it might be twelve or eighteen months and then the Sheriff takes six months or longer to get money on the execu- ton. and he would rather take fifty cents on the dollar for his debt than to go into court. We want 10 get out of the slow rut and give the people judicial system that will not be so ex- pensive in the end and will transact inc business and will get on with It. Now. sir. you strike out these words here what does 1t say! IL uoeS nut tie the General Assembly. Why put this that no circuit court shall consist of less than three counties and no chancery division less than three. Can you not depend on your legislature, II the burden is thrown upon that body! I would like for this Convention to take greater responsibility in fixing up a Judicial system. but if It IS thought wise to remit most of it to the Leg stature, let this go through, so the Leg islature will not be hampered and can make a Circuit Court of less than three counties or a Chancery Division Of less than three.
 MT. Tayloe-I would like to call the attention of the gentleman from Mont gomery to the fact that he leaves sentence in that incomplete.
 Mir, Oaes-That was hurriedly writ ten.
 M. Tayoe-It strikes out all the words in the line down to and in cluding therein" so 1t leaves that sentence incomplete.
 Mir Ashcraft-Have you observed that the purpa-e of this clause is 'simp- ly to prevent the Legislature from put ting two counties where both would have less than the requisite number of people into one circuit. Now, if one county has more than that number of people or that amount of property. then the circuit may be made up of two counties or it may have just one as in the case cited of Montgomery. +I.o hlo tn