The Montgomery advertiser., 1901-08-07

Jenkins, Robinson.
 Jones. Jones. of Hale Rogers Qowndes).
 cry. Stoddard,
 King, Wiiis..
 I.sfss tIsdf5stser. Wilson twash'ston,. Lociiin. "nh'
 During the call of the roll:
 MT. Oates-For the first time ask leave to explain my vote.
 Leave was granted.
 MT. Oates-I am In favor of court stenographers. As l understand this proposition. 1t requires all the evidence 10 De taken down accurately in every civil case. and therefore vote mo-
 So the amendment was lost.
 MT, Whiteside-I offer an amend. men9.
 Amendment by MT. whiteside of Calhoun. New section to Article on Judiciary by adding an additional sec tion as follows:
 Section --. After suit has been commenced on any cause of action the legislature shall have no power to take away such cause of action or to destroy any defense that may exist to any suit after such suit has been com menced''
 Mir Whiteside-This amendment is in substance the same amendment I offered to the report of the Committee on Legislative Department. which was laid on the table. I would not trouble the Convention with the same thing again, but for the fact that I appre- bend that the members of the Conven- tion did not understand the purport of the amendment. Really. this amend ment is not legislative. It is aimed at an evil that exists in the State of Ala banna. Every lawyer knows that 1t is a common occurrence for penal stat utes to be repealed by the repeating clause as to statutes then pending, and the statute against ex-post facto laws and the constitutional provision against ex post facto laws, and all oth- CT provisions in this Constitution fail to reach the point that this amendment Is aimed at. I undertake to say that consider it a very unfair way to de- fend a suit when one is brought to go to the legislature to get the legisla- ture to destroy the right of action in that suit. and 1t is a very unfair way to practice law to go to the legisla- ture to get a law that will destroy a. defense that may exist to & pending suit It is we'll known that when offered the amendment before. the tis- tinguished Chairman of the Committee on the Legislative Department simply stated that this matter had already been provided for. and therefore he moved to lay it upon the table. and 1t was laid upon the table. I afterwards had a conversation with the Chairman of the Legislative Department and ex- plained to him the object of the amendment and he then stated that if would offer the amendment to the report of the Judiciary Committee, he would assist me in getting it through. ktnk fA made and hope that 1t will be adop- ted.
 Mir. Oates-I want to say now that I hone no one will move to table the amendment, but that it will be consid- cred.
 Mr. Boone-Has the gentleman from Calhoun finished his remarks?
 The President-Not yet.
 Mir. Whiteside-I yield to the gen. tIeman from Mobile.
 MT. Boone-Mr. President and gen. tlemen of the Convention. I favor the proposition which has been introduced hy the delegate from Calhoun. If any delegate on this floor will take the 124th Alabama Report and look at the case of the City of Mobile vs. the Louisville and Nashville Railroad Com pany, he will find just what he says there to be true. There was prose- cution by the city to remove certain Instructions from the streets. After that case was tried in the Chancery Court and appealed to the Supreme Court, and after 1t had been argued and submitted in the Supreme Court, an act was passed validating void or- dinances and a portion of void char ter of the New Orleans, Mobile ana Chattanooga Railroad Company fer the pIrIose of defeating that prosecution. Now I am not discussing whether that was wisely or otherWisely done, but only for the purpose of emphasizing the point made by the delegate from Calhoun. The Supreme Court in that opinion said that they would not con- sider the act of the Legislature because 1t was a special and private act and must be alleged and proven before the | Court could consider 1t, and as 1t was | passed after the submission of the cause in the Supreme Court 1t could not be done but still when the case was reversed and remanded by the court holding that the prosecution brought by the city could not be main tained the act of the Legislature was put in as a special plea in bar In a supplemental answer and upon the hearing before the Chancellor it was held that the validating act of the Leg islature constituted a perfect defense to the prosecution brought by the city to obtain removal of certain ob- structions unlawfully placed by the railroad company in It's streets. just call your attention briefly to the case in 124th Alabama. and ask you to look at that case and see if 1t is not as represent. There ought to be a remedy against such acts being passed by the Legisla ture. If a man has his right of remedy and gets worsted in the court below, 1t ought not to be right or with | in the province of the Legislature to abolish that right or take away the remedy while the suit is pending. I heartily support the Section to the Article introduced by the delegate from ! Calhoun, and hope that the Convention will embrace the same in the Article now being considered.
 | Upon a vote being taken a division was called for and the amendment was 1 adopted by 51 ayes and 25 noes.
 MT. Dent--I desire to give notice that I will move during the morning hour | to reconsider the amendment to this re- port offered by the gentleman from | Montgomery and adorted by this Con yention. giving the Legislature power under certain conditions to abolish | courts.
 The Presidential will be i'll order to consider the motion now if the gentle" man desires 1t.
 MT. 'Dent-I prefer for 1t to go over nf tn n