The age-herald., 1901-08-07
Ills amendment was

convict systems Ills amendment was tabled.
 Mfr Deararenried of Hale moved to amend by providing That inferior courts could be established In towns of 1bOo in- hahitants This amendment was adopt ed by a vote of 45 to N.
 The previous question was then ordered and the section as amended was adopt ed.
 The Attorney General.
 Section 90 was read as follows
 Section 30-The attorney general shall be elected by the qualified electors of the State at the same time and places of election of members of the General As- sembiy, whose term of office shall be for four years, and until his successor Is elected and qualified. After his election, he shall reside at the seat of government, shall be the law officer of the State, and shall perform such duties as may be re- quired of him by law.
 Judge Coleman moved to amend by providing that he should only be required to live at the capital during his term of office This was adopted and the section as amended was adopted.
 Section 3 was then adopted as follows:
 Section 31-The style of all process shall be- "T'he State of Alabama and all prosecutions shall be carried on in the name ana Dy VH6 dulnOTiAy OA tAic SoAAASt and shall conclude, Against the peace and dignity of the State"
 This was the last section of the report of the committee.
 Mir Sanford of Pike offered new sec tion which provided that nothing in the article should be so construed as to ai- feet the term of any present officer.
 MT Burns of Dallas moved to amend so as to prohibit any judicial officer hat int tad In criminal trldI before him. This was tabled and the Sanford amendment adopted
 Mir. Ashcraft moved to amend by ad- ding a new section which provided that all fees collected by the clerk of the Su- preme Court in excess of salary to be established by law, shall be turned into the state treasury.
 3.S0 o'clock.
 Afternoon Session.
 The convention reassembled at SSO o'clock. and MT. Ashcraft spoke in favor of his amendment. He said that If the clerk was put on fair salary there would be no one whose interest 1t would he to maintain excessive fees and the costs of obtaining justice would thus te reduced.
 MT. Smith of Mobile spoke against MT. Ashcraft's amendment He said that the clerks fees had been stated to be large but no figures had been produced to sus- tain the contention. He Illustrated the fact that the clerk had to employ assist ance and said the question was whether paying a man a just compensation was unfair, He moved to lay the amendment on the table which was done
 Governor Oates introduced as ar amendment a new section which provid- ed that the legisla ture shau have power to abolish any court, except the Supreme Court whenever 1t becor..5 .-3cessary on account of It's functions having been ab- sorbed by any other court. This section was adopted by vote of A to S.
 Mir. Reese of Dallas offered section which provided that the legislature may by law change the mode of selecting the solicitor of any county or may provide for the appointment of such officer. This was tabled.
 MT. Mulcay of Green moved to amend by adding a section which provided that any justice of the peace who for reward compromises a criminal proceeding shall be guilty of misdemeanor. This was tabled.
 Governor Oates offered a new section which made it the duty of the Legisla- ture to provide for a sufficient number ct stenographers to take the testimony in all criminal cases. This was tabled. Mir williams of Fillmore offered sec- ton fixing the salary of the judges of the | Supreme Court at 5000 and Circuit Court | judges at S3OO0. He spoke in favor or his amendment, saying that a good lawyer | could not afford to give up his practice | for the present judicial salaries. His | section was tabled on motion Of Judge | Walker.
 l Governor Oates then offered another | section which provided that grand jury l should consist of not less than eighteen | ten of whom could find an indictment l and authorizing a judge to start crim- | inal prosecution on information in cer- | tain cases where the grand jury failed to I find an indictment. He addressed the | convention in favor of his amendment | and gave examples of cases when grand | juries failed to find indictments in cases l where they should have been returned | He spoke also of lynchings and the diff l ficulty of getting a grand jury to indic' | the lynchers. On motion of MT. Smith 1 this was tabled by a vote of 62 to 29. l MT. Burns of Dallas introduced new l section which provided that in prelimi- | nary trials the compensation Of the trial | judge shall be the same whether the de- | fendant be convicted or discharged. This was tabled.
 Official stenosraphers.
 Mir Wilson of Clarke offered new sec I ton which provided that 1t shall be the | duty of the Legislature to provide for | taking down the evidence verbatim In civil and criminal cases. MT. Wilson | spoke in favor of his section, saying there never had been an official stenog- | rapher in the First circuit and he feared there never would be unless the constitu- l ton directed 1t.
 MT Duke of Chambers spoke in favor | of the section. He said it would be in | the interest of the poor htigant to have an official stenographer. That 1t was | difficult under the present system to get | a correct bill of exceptions. The lawyers on one side remembered the evidence one way and the lawyers on the other side remembered it another way. He cited Mississippi and Georgia as states where the system worked satisfactorily. | It was moved to table this section | which motion was lost by vote of 4 to 49.
 Judge Coleman then raised the question | that this section would require the evi dence of all courts, including justices courts. to be taken down It did not pro vide who should pay the expense. thu litigants or the State. It would burdeI the State with one hundred additiona | officers. It would require six of them il Birmingham. He moved to table tn, | amendment
 MT. Clarke then offered an amendment to his section which limited the testimon, to circuit courts and courts of like juris
 diction.
 Judge Coleman moved to table tn
 amendment. An aye and nay vote wa
 demanded on this, which resulted in tn
 motion to table being lost by vote of 5
 to 61.
 The previous question was then ordered
 MT. Wilson in closing the debate state
 that in certain circuits the cost O