The Montgomery advertiser., 1901-07-11

whose fees depend upon . conviction. I say 1t is a consensus of opinion of the people of Alabama that it would be a wise step for this Convention to reiegate the Justices of the Peace to days gone by when they only had the power to bind over offenders to the | higher court and to divest them en- tirely of Jurisdiction in civil cases. | They deprive men cf property and though it be a small amount of prop erty, it would be a large amount to some. poor man and if you are going | tc vest this jurisdiction in anybody. place it with men who are learned in | the law.
 Mr. Cobb-Under this provision. | would not the Legislature have the power to destroy any jurisdiction of Justices of the Peace in certain locai- | tiles? Mr. o'Neal-,Not at all. This don't | destroy, but 1t says that you cannot | give the Justices of the Peace in one l county Jurisdiction different from the l Jurisdiction of Justices of the Peace | in other counties. It Is a regulation | of the Jurisdiction and fees of the Jus tices of the Peace: in other words, 1t l prevents this mass of confusion and l this uncertainty which exists in the minds of the people by having local laws in every county giving Justices of the Peace from one county turlsdtc- tion different from other counties. We want the laws uniform. If you want to establish court, place the jurisdic- ton in q man learned in the law and | do not select some magistrate whose fees depend upon his convictions or his deciding in favor of party having the most money or power. | Mir. Cobb-Suppose that court was es- tablished, could you take away en- tirely the Jurisdiction of the Justices 1 of the Peace.
 Mr. o'NeaEYes sir. you can take 1t away. s
 MT. Cobb--Under this regulationf
 Mr. O'Neal-Yes. sir, but you would have to do 1t all over the State.
 MT. Cobb-That's the point.
 The President here resumed the Chair.
 MT. ONeal-You could. if you want ed to do away with Justices o1Ethe Peace in county; you could do itsun- der this provision. We have here that no local law can be passed on any sub 3ect not provided for. If the gentle man from Macon will g.ve me his at- tention one minute. I will explain that. That won't prohibit the Legislature from passing local law which regu- lates the jurisdiction. We don't say
 
 local law, abolishing the fees of the Justices of the Peace of certain county. That can be done by a local law. but the local law will havo to be published in the county newspaper as per Section 3, which reads as follows: "The General Assembly may repeal any special, private or local law upon mo- tice being given and shown as pro- vided in the last preceding Section"
 M- ENrI. Ex.A II l. law.
 Mir. ONeal--r understood your ques- tion was if the people of a county de- sired to take away the Jurisdiction of the Justices of the Peace, they would have to do 1t.
 Mir. Cobb-If the Chair will seeog- nize me. will explain myself without taking up so much time.
 Mir. o'Neal-I have no disposition to cut you off.
 MT. Cobb-rhere is a great sentiment, MT. President. in this State, in sec tions of it, at least, to take away from the Justices of the Peace all Jurisdiction. And in that direction the Committee on Judiciary have prepared and they propose to submit to the Convention allowing Justices of the Peace to be abolished In sections where their duties can be better performed by some other courts particularly in the cities. This is done in view of the many evils to which the gentleman has referred, that is. the abuse of the pow CT by the Justices of the Peace. in some cities in this State. Now. the proposition which submitted or the question propounded, was if this ar- ticle remains as 1t ss, whether the power would remain with the Legisla- ture to take away from the Justices of the Peace all jurisdiction in certain localities.
 Nj Wai!:er-wfl the gentleman per init an inter-upSoa~
 MT. Cob5-CertainTy.
 Mr. Walker-The provision as will De suggested by the Judiciary Commit tee, will confer upon the Legislature. in some instances. specific power. It is a general provision and certainly would not abridge the power that was spe- cihcally conferred upon the Legisla- turo by the provision that will be re- ported by the Judiciary Committee and for that reason ie win not conflict.
 MT. Cobb-If this provision does not conflict with the idea of allowing the Legislature to withdraw from the Jus tices of the Peace. ir certain localities, all Jurisdiction, would be perfectly content.
 MT. Williams (Marengo)-How would 1t suit you to amend by adding ct the end of the subdivision '.except said office of Justice of the Peace may be abolished in certain sectlons?' Mir. Cobb-That is the amendment of- fered by my friend on the right here.
 MT. O'Neal-I am willing to accept that amendment.
 MT. Cobb-My own opinion Is. if you strike out the two words "jurisdictio.s'- and "or,' as proposed by the amend ment of Mr. Long of Walker, that would relieve the whole difficulty and still leave it in the power of the Legis- lature to control the jurisdiction of the Justices of the Peace ir those localities where 1t is wise to abolish their juris- diction altogether. Mir. Watts--I move to lay the amend ment on the table.
 The President-Both of them?
 Mir. Watts-Yes, sir.
 MT. Nesmith-I ask for a division of the question.
 The Presidential is moved that the substitute offered by the gentleman from Lamar and the amendment of fered by the gentleman from Walker be laid upon the table. and a division of the question Is called for. The question will be first upon the motion to table the substitute.
 And on a vote being taken, the mo- ton prevailed.
 The President--The question now Is on the motion to table the amendment offered by the gentleman from Walker