The age-herald., 1901-07-07

tices of the peace or such other inferior courts as may be by law established. Oates Amendment. General Oates offered an amendment to provide that where a grand jury fails to find an indictment that the court may or der a prosecution on information. Speak ing on the subject, he said 1t was to fit cases where the grand jury may have been bribed not to bring in an indict- ment. The question was not new. There were many cases of murder where per sons were taken out and lynched, and ex- | cept one case in Washington County none | of the lynchers had ever been proceeded against. He cited several instances of out | rageous murders which had gone unpun- ished. It Is our duty to protect the de- pendent race with us. The responsibility is with us, and If we fail we will be held responsible in the eyes of God. Unless a judge felt that it was necessary he would not order on information. Answering a question as to whether this would not abolish the grand juries he said he thought not, but If the grand juries could not be relied on to do their duties they ought to be abolished as nuisance. (Ap- plause.)
 MT Bulger of Tallapoosa said that if we could not rely on a grand jury why could we rely on judge. Was judge better man than grand juror? If one grand jury would not indict on account of being bribed there would be another in six months which could indict.
 MT Jenkins of Wilcox spoke in favor of Governor Oates amendment He said that murders and other crimes had been committed and gone unpunished because a grand jury could not get men to come before 1t and testify on account of va rious influences It was a bad example to allow men to commit crimes and go unpunished. If there were more indfct- ments there would be more convictions.
 MT. Duke of Chambers moved to amend C5oyeiff1- Cstes' amendment so as to make 1t apply only to felonies where the punishment was capital Governor Oates said the amendment was perfectly satis- factory to him.
 MT. Pettus of Limestone did not think the amendment would accomplish what Governor Oates thought 1t would. Judges were subject to public influence, and 1t was a radical departure to allow judge to start an inquiry over which he was to preside. It would take the responsi- bility from off the shoulders of the grand jury who would shirk their duties After all 1t was public opinion which enforced the law dIlO iiO IliCAClOAO OPPoSNN eA~S amendment.
 Other Suggestions. Judge Coleman of Greene opposed GOV ernor Oates amendment. It would be an unwise thing to strike down the powers of the grand jury. The defect was not in lhe organic law but in the law regulating the selection of jurors. The poor man should be entitled to the protection of grand jury. It was unwise to allow the solicitor to start a prosecution. MT Pettus of Limestone moved to table Governor Oates amendment. This was done by vote of Il to A.
 Governor Jones of Montgomery moved | to amend the section by providing when the militia should be liable to courtmar- tial
 MT Ferguson moved to insert the words grand larceny after the word 'misde- l meanor" He said 1t would save money to the tax payers and provide for a speedy trial in cases of grand larceny. In the past two years ending September l. 1900, 937 cases of grand larceny were prosecut- ed in the State. His amendment would not give justices of the peace Jurisdiction of these cases-it only gave the legislature power to dispense with an indictment in cases of grand larceny. The distinction between STdHu dIlu pttty idICeiy was technical and shadowy. The highest pun ishment for one and the lowest for the other was about the same. If man is committed for grand larceny two days after a grand jury has adjourned he would have to lie in jail six months at a cost of 80 month to the county before he could plead guilty. He knew personally of such cases. In all the large counties there were city courts and other tribunals which could entertain plea of guilty or give a speedy trial.
 MT. Jones of Wilcox moved to table MT. Ferguson's amendment. This was done by vote of 63 to 19.
 Section g was then adopted as amended by Governor Jones'
 Sections Ten and Eleven.
 Sections 10 and Il were then adopted as follows:
 Section 10. That no person shall for the same offense betwice put in jeopardy O.; life or limb; but courts may, for reason fixed by law, discharge juries from the consideration of any case, and no person shall gain any advantage by reason of such discharge of the jury.
 Section Il. That no person shall be barred from prosecuting or defending be- fore any tribunal in this State, by him self or counsel any civil cause to which he Is a party.
 Section Twelve.
 Section 12 was then taken up, which reads as follows
 Section 12. That the right of trial by jury shall remain inviolate.
 There was a minority report as to this section which recommended that in civil cases three-fourths of jury should rem der verdict. This report was signed by Samuel Blackwell, E. P. Wilson and T. J. Cornwell.
 MT. Blackwell of Morgan, one If the minority spoke in favor of the minority dency towards mistrials in civil cases due often, he said to one juror. In ev- cry other relation of life the majority ruled, and if this present system is to Ee retained simply because it Is antiquated we might as well go back to the tallow candle and the stage coach. He illustrat- ed the history of the jury sytem which was originally the number of men in a community whom 1t was thought neces- sary to pass on the guilt of a defendant and who were supposed to be familiar with the facts of the crime. We had out