The age-herald., 1901-08-04
C0NVEN TON IS AT LAST
 IN THE STRETCH
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 Courts of Probate, such courts of law and equity inferior to the Supreme Court and to consist of not more than five members, as the General Assembly from time to time may establish, and such persons as may be by law invested with powers of a judicial nature; but no court of general Jurisdiction. at law or equity, or both, shall hereafter be established in and for any one county having population of less than twenty thousand or property assess ed for taxation at less valuation than three millions five hundred thousand dol lars.
 MT. Kirk moved to amend by Substitut- ing 30O00 for 10000 and $7,000,0 900 for $3,500- 000 He spoke in favor of his amendment, saying that the article as reported by the committee would allow two many courts to be established and would thus be a burden on the State. It would allow thir- ty-four courts to be established to do the work which was now done by thirteen Circuit Courts and five Chancery Courts. MT. Watts of Montgomery said that un- der the present constitution the Legis- lature would have the right to establish court in every county. The object of the present section was to limit this power as to special courts, except as to certain WllH large pOpuldllOH and taxable values. He moved to table the amendment which was done. The section as reported was then adopted.
 Section Two.
 Section was then read, as follows:
 Section ?. Except in cases otherwise di- rected in this constitution, the Supreme Court shall have appellate Jurisdiction only, which shall be co-extensive with the State under such restrictions and regu- lations, not repugnant to this constitu- ton, as may from time to time be pre- scribed by law, except where Jurisdiction over appeals is vested in some inferior court and made final therein; provided, that the Supreme Court shall have power to issue writs of injunction. habeas cor pus, quo warranto and such other reme- idal and original writs as may be neces- sary to give 1t general superintendence and control of inferior jurisdictions.
 MT Kirke offered the following substi- ute:
 Section 2.-Except in cases otherwise directed in this constitution, the Supreme court shall have power to issue writs of injunction, habeas corpus, quo warrant and such other remedial and original writs as may be necessary to give it a general superintendence and control of inferior jurisdiction.
 M r.. VI" reported by the committee was substan- tially the same as in the present consti- tution The right to establish an inter mediate appellate court had always exist ed He moved to table MT. Kirk's amend ment, which was done. and the section as reported was adopted.
 Section Three.
 Section was adopted as follows:
 Sec B. The supreme court shall be held at the seat of government, but if that shall become dangerous from any cause it may adjourn to another place.
 This Is the same as in the present con: stitution.
 Section Four.
 Section was adopted as follows:
 Sec. 4. Except as otherwise authorized in this article, the State shall be divided into convenient circuits. For each circuit there shall be chosen a. judge who shall, for one year next preceding his election and during his continuance in office,' re- side in the circuit for which he'is elected.
 Section Five.
 Section was adopted as follows: Sec. 5The circuit court shall have original Jurisdiction in all matters civil and criminal within the State not1 other wise excepted in this constitution; but in CIVIL. CdStHt OlDSI lIldl Suit,t .ASA iiCSit islander, assault and battery and eject ment. it shall have jurisdiction. only where the matter or sum in controversy exceeds fifty dollars.
 Section Six. Section 6 was adopted as follows: :, Sec 6. A Circuit Court or a court having the jursidiction of the Circuit Court, shall be held in each county In at ac-t tx.yioa in, and judges of the. several courts men tioned in this section may hold court for each other when they deem it expedient, and shall do so when directed by law. The Judges of the several courts men ticned in this section shall have power to issue writs of injunction, returnable in the courts of chancery, or courts hav- ing the jurisdiction of courts of chan cery.
 Section Seven.
 Section was read IS 1ollows:
 Sec T. The General Assembly. shall have power to establish a court of chan cery, with original and appellate jurisdic- ton, except as otherwise authorized in this article The state shall be divided by the General Assembly into convenient chancery divisions; each division shall be divided into districts, and for each di- vision there shall be a chancellor, who shall have resided for one year next preceding hs election or appointment, and, at the time of his election or ap- pointment, and during, his continuance in office, in the division for which he shall be elected or appointed
 Governor Oates moved to strike out the section saying that Chancery Courts were unnecessary. Forty states had no separ- ate chancery system and the Federal gov ernment had none. One court was suf- ffcient for both law and equity. Even England, which established the reparate chancery system had abolished it.
 MT. Hef1n of Chambers moved to lay Governor Oates motion on the table, which was done by vote of 42 to 39, and the original section was then adopted.
 Section Eight.
 Section eight was adopted as follows:
 Section S-A Chancery Court, or a court having the Jurisdiction of the Chancery Court, shall be held in each district, at a place to be fixed by law. at'least twice in each year. and the chancellors may hold