The Montgomery advertiser., 1901-07-18


 mittee on Suffrage and Elections. All of the above amounts are for | printing done, for articles furnished State of Alabama for use of Constitu- tional Convention. and for services ren- dered to Committees of said Conven- tion and all of the above amounts are itemized as shown by bills hereto at- | tached. Total amount, $2S2.25. and we recommend the payment of the same. All of which is respectfully submitted. Jno. T. Heflin. Chairman, ComNittee on Schedule, Printing and Incidental Expenses.
 MT. Heflin (Randolph)-I now move that the report of the Committee on Schedule Printing and Incidental Ex- penses be adopted and that the Pres- ident of this Convention be authorized | to draw his warrant on the State l Treasurer in favor of the parties nam- ed in said report for the amount due them.
 Upon a vote being taken the report | was adopted.
 MT. Smith (Mobile)-I, desire to ask unanimous consent to make the report of the Judiciary Committee.
 The consent was given and the re- port of the Juudiciary Committee and the various minorty reports were read as follows:
 REPORT OF THE COMMITTEE ON JUDICIARY.
 The Committee on Judiciary has carefully considered and discussed all of the provisions of Article VI. of the Constitution of 1875 relating to the Judicial Department of the State, to- gether with the several ordinances re- lating to that department. and in- structs me to report to the Conven- tion and recommend the adoption of the subjosned Article.
 No radical departure has been made from the judicial system of the State as established by the Constitution of 1875. but the Article has been so writ teG as to give more elasticity to the judicial system of the State, so as to enable the Legislature to extend or modify the system, from time to time. as may be necessary to meet the needs of the State as it's wealth and popula- ton increase. and to make a more economic and systematic arrangement of the system.
 The Article reported does not change the Jurisdiction of the Supreme Court, nor create any other court of final re- sort, but makes it possible for the | Legislature to create an Inferior Ap- pellate Court, to relieve the Supreme Court of any excess of labor that may be placed upon it, should the increas- ing litigation of the State hereafter | require it.
 The common law and chancery ju- risdletions as separate and distinct | systems are retained and no change whatever is made in the practice under | these separate and distinct systems; but the Legislature is authorized to confer both jurisdictions upon the Cir cult or Chancery Courts or upcn such inferior courts as the Legislature may from time to time create, so as to en- able the Legislature, if it shall become necessary for the convenience of bus mess, to provide for the holding of courts more frequently in the various counties of the State, with but little, If any, additional expense to the State.
 With the same view, the Limitations upon the number of the circuit and chancery divisions into which the State is divided have been removed, and, in lieu thereof, it has been provided that no circuit or chancery division shall contain less than three counties, un- less there be embraced therein county having a population exceeding 2U.000 and taxable property exceeding s, 5O6, 900 in value, and that such coun- ties need not be included in any clr- cult or chancery division unless the value of it's taxable property or it's pep ulation shall be reduced below such limits. In the opinion of the Commit tee 1t is probable that many of such counties will be able to maintain in- ferior courts with common law and equity jurisdiction, and the purpose of the Committee is to enable the Lagis- lature to give to such counties sepa- rate courts to attend to their business, when the litigation of such counties will justify it, and make such inferior courts take the place of both the Cir. cult and 'Chancery Courts in the coun- ties in which they shall be established.
 The system of Probate Courts and their Jurisdiction Is left wholly un- changed; but it is provided 'that when- ever any court having equity powers has taken jurisdiction of the settle- ment of any estate, such court shall have the power to do all things neces- ,sary for the settlement of such estate, including the appointment and re- moval of administrators, executors, guardians and trustees, and including action upon the resignation of either of them.
 The Article reported makes no change in the office or jurisdiction of Justices oi the Peace, but provides that the Legislature may create inferior courts. with the Jurisdiction of a Justice of the Peace, for any preclncS or precincts lying within or partly within any in- corporated town or city having pop ulation of more than 2,500 inhabitants, to supersede and take the place of all Justices of the Peace in such precincts, l whenever such course may be deemed by the General Assembly to be wisss and further provides that the Cover nor except where otherwise provided hN the General Assembly, shall have pew CT to appoint one Notary Public with the Jurisdiction of Justice of the Peace in each precinct in which the election of Justices of the Peace Shall be authorized.
 The Article as rewritten makes no change in the terms of office of Chan cellors, Circuit Judges and Judges of Probate, but provides that, in case of a vacancy in the office, the Go' ernor shall fill such vacancy by appoint ment, and that such appointee shall hold office until the next general ele. ton held at leastSsiX months after the va cancy occurs and until a successor is elected anG qualified, and further, that | whenever any new circuit or chanceTy division is created, the Judge or Cham cellor thereof shall he elected at the next election for representatives to the 1 General Assembly. for a term to ex- pire at the next general electicn for Judges and Chancellors, provided that If such new circuit or chanCery di- vision is created more than six months before the next election cf Represent atiVes tn the General Assembly,, the