The Montgomery advertiser., 1901-07-11

fiods which are not now dreamed of; end under the general law there may be no way to amendment of existing char ters. My iJea is that whatever general law the General Assembly may pass in regard to incorporating towns,. cities and villages there ought to be some room left to the General Assembly to make such changes as in it's wisdom it may sec it, wien under the general law these changes can not be made by the people of these respective commu- mites. Therefore, 1 am opposed to put ting in here the word municipal" in regard to municipal corporations.
 MT. Boone-T move the previous ques- tion on the adoption of the section as amended.
 MT. spragins-Unanimous consent was never given the committee to in- sert the word municipal. The President pro tem.-The word municipal has been inserted Dy unanimous consent and was so placed before the Conventions; no one objected. The question is whether the previous question shall be put.
 And upon a vote being taken, the previous question was ordered, ana upon a further vote, the subdivision was adopted.
 Subdivisions 21, g and 25 were read by the clerk as follows:
 Twenty ty-first-Creating, extending or impairing any lien.
 -seeond-Chartering or Iicens- ing any ferry. road or bridge.
 Twenty ty-third-Regulating the 5uris- diction and fees of Justices of the Peace or the fees of constables.
 Mir. Long (walker)-I desire topoffer an amendment to Subdivision 2.
 The clerk then read the amendment offered as follows:
 ITO amend Subdivision g by striking out the words Jurisdiction or" in the twenty eighth line"
 Mr. watts-There is an error there, and after jurisdiction should be "or." The President-Does the gentleman ask unanimous consent to make the correction?
 Mir. Watts--Yes, sir.
 The President pro tem.-Unless there is objection made, the correction will be made. The chair hears no objection >and the clerk will make the correc- tion.
 Mr. watts-To strike out the word "and' and insert the word "or' after the word Jurisdiction"
 Mir. Long tWalker)-I offer that amendment because it is necessary for the Justices of the Peace, in some To- calities in Alabama. to have more ju-
 
 the rural districts in our State they have Jurisdiction as to prohibition laws whtle in other counties and cities Il may not be necessary for him to have this Jurisdiction. I call the attention of the Convention to that fact. think 1t Is an important amendment; because l think there are places in Alabama where the Jurisdiction of the Justice of the Peace is just as important as Tn md f~ he iy~f,. A camps in Alabama, where they have q court every six months, Justices oi the Peace should have more jurisdic- tion than in the city of Montgomery or Mobile, and each county should be allowed to regulate this.
 MT. Watts-Never in the history oi the State has Justice of the Peace In one part of the State been given dR. ferent Jurisdiction from another part. MT. Long (Walker)-The gentleman Is mistaken.
 MT. Watts-If so it ought not to be and this is to prevent it in the fu- ture.
 Mr. Fitts-The gentleman is very much mistaken. kn Picksns Count, the Justices of the Peace have very large Jurisdiction.
 Mir. Watts-I thank the gentleman for calling my attention to it. Tha, is good reason why this subdivision should be adopted; and I move to la, the gentleman's amendment on thu table.
 Mir. NeSmith-I wish to offer a sub. stitute to the amendment.
 Tne Clerk then read the substitute A. oSsved by MT. NeSmtth as follows:
 To amend Subdivision 23 of Sec. tion l. 50 as to n1aAe the same read a, follows: "2S. Regulating rhs turisdic ton Of Justices of the Peace, excer, Tn precincrs, in whole or in part, with. III towns ot 2,500 inhabitants, or more and regulating the fees of Justice ot the Peace or the fees of constables.
 MT. Samford-I rise to a point of in. quiry. A HI The President pro tem-The gentle. man will state the point of inquiry.
 MT. Samford-I was engaged at something else a moment ago and failed to catch the amendment thaI was offered to the Subdivision. and i would like for the Clerk to read thu amendment again.
 The Clerk then read the amendmar offered by MT. NeSmith to Subdiyisior B of Section 1.
 MT. Samford-Not that one. heart that one. The Clerk then read the amendment offered by MT. Long (Walker) to Sub. division g.
 MT. NeSmith-I am a member of tht Judiciary Committee and that Commit tee has decided to report favorahly in, section providing that any precInc lying in whole or In part, within { town of 2,500 inhabitants, or more. th, General Assembly may establish an In ferior Criminal Court to absorb the jurisdiction of the Justices of tn, Peace within that town or those town, or the precincts within those towns It seems to me that Section 23, as re ported by the Committee, would perhap, be in conflict with that provision; ant the exception that I have offered f, except from this provision precincts lying in whole or in part within a towr of 2,500 inhabitants or more, would prevent that conflict, and l offer thu amendment.
 MT. Waddell-If the plan was adopt ed. that you suggest, would this ir the least conflict with the establish ment of inferior courts? This does no mention anything but Justices of-th, Peace.
 Mir NeSmith-Possibly in those town: in force in Alabama confers upor Inferior Criminal Courts additional ju risdiction; but I doubt whether i could be done under this Section.
 Mir. O'Neal-The system that Is nov in force in Alabama 10 confer upoi Justices of the Peace in different coun difarapt nitjae diffarenf ftirfR