The Montgomery advertiser., 1901-08-31
OFFICIAL REPORT OF THE PROCEEDINGS OF
 THE CONSTITUTIONAL CONVENTION OF ALABAMA

~%@[E@>S-SE ~I~---~~--->Ss- the State. Taking that as basis the total amount would be. $46s. When It comes to Chancellors 1t is right con-
 e,aolc, our Cnancellor goes 10 Mobile, the biggest county
 MT. Greer (Calhoun)-Would you pot accept an amendment that we include hotel bill?
 Mir. Fitts-And cigars7
 MT. Wilson--No sir, and I did not even put in an amerdment that ne should receive hack fai A good many go in wagons over some of the counties and they pay for that too. and did not put that in because it Is uncertain what 1t would amount to. and would require proof. I thought 1t best to in- clude only actual railroad fare.
 Mir Beddow-I wish to ask the gen. tleman if he heard from any of the Chancellors on this subject?
 MT. Wilson-Not on this subject, MT. President; Gaughter) have not heard from any Chancellor on this subject. The circular letter was not on this sub ject 1t was on the subject of the evil" (Laughter.) think MT. President. apart from levity. this is right. We give the members of the Legislature 10 cents a mile and that Is to pay not only the railroad fare. but sleeping car fare and hotel bills. They are given 10 cents a mile, and the members of the Legislature and judiciary are the only ones we prohibit from receiving passes. and I think that this provision should be adopted. It would cost the State such an inconsiderable amount that 1t really Is not worth hesitating about. The Circuit Judges would not exceed $500, and the Chancellors between $500 and $90O. Some of the Chancellors have to pay In the neighborhood of $2O0 and taking into consideration the small salaries they get, 1t is a considerable amount to them, hut would be very small amount to the StateH l simply offer the amendment thinking It ought to be adopted.
 MT. W'hite-It Is purely a legislative matter, and in reply to the gentleman's suggestion that at the time we adopted the anti-pass proposition that we dld not have this matter in mind. l will say that I supposed a large majority of the members of the Convention did not suppose that Judges and Chancel- lors at that time were riding upon free passes. I therefore move to lay he amendment on the table.
 Upon a vote being taken the motion to table the amendment prevailed. Mir. Miller (Wilcox)-I desire to offer an amendment.
 The Secretary read the amendment as follows:
 Amend Section 1sS. page 4S. in line after the word fees insert "and their jurisdiction.''
 The President--The question will be upon the amendment offered by the gentleman from Wilcox.
 MT. Miller-I invite the special attention of delegates to that amend ton changing the Jurisdiction of justices of the peace, it is important that our judicial system in all of its branches should be uniform. and this section provides that fees of justices of the peace shall be uniform throughout the State. and that amendment seeks to make their Jurisdiction throughout | the State uniform. In some portions of the State. particularly in my own coun- ty. as was evidenced yesterday by a special amendment by my colleague. MT. Jones of Wilcox. we have a statute, special law. giving justices of the peace jurisdiction of misdemeanors and in other sections of the State they have special laws affecting the Jurisdiction | of justices of the peace. and it seems | to me it would be a good idea to nave their jurisdiction uniform throughout | the State. Our Constitution here fixes their civil Jurisdiction and the criminal statutes of the State their general criminal Jurisdiction. and this seeks to put all the justices in every county on a uniform system, and l would like to call the attention of delegates to this. and 1 hope the amendment will be adopted. It reads which fees of justices of the peace and their Jurisdiction shall be uniform throughout the State. The President-The question will he upon the amendment offered bv the gentleman from Wilcox.
 Mir. Pillanr-While I concur heartily with the motives of the gentleman. in offering this amendment and I know that there are evils of which he sped ks. but we run risk In nasty legislation. adopting an amendment at this late hour of doing som ething very iniurl. | GUS. l can instance one case. that we 1 have removed from Justices of the Peace. criminal Jurisdiction in Mobile county. because they handled it so. If this amendment were passed. 1t would put back into their hands jurisdic- tion which was ruinous to the poor of the community in which they practic' ed. I move to lay the amendment up- on the tabls.
 | Upon a vote being taHen. division was called for. and a further vote be- ing taken. there were ayes 47. noes 70, and the motion to table prevailed.
 MT. Oates-Before offering any amendment I desire to submit an in- uuiry to the committee and the Conven- ton. Section 1855. page 39, the latter part of it. there is this language: And the right of such Judges and Chancel- lors to hold their offices for the full term hereby prescribed. shall not be affected by any change hereafter made by law in any circuit, division or county. or in the mode or time of elec' tion.'
 The inquiry wish to submit is this; AS to whether tn. Legislature Is auth oHzed to abolish a court wherever lack of business or other cause exists for it, and If one of these courts Is abol' ished. If the judge is entitled to his salary for the full term. l think he | would It has been decided In the Sel- ma case where a statutory judge was | abolished the salary went with 1t. but
 if you put it in the Constitution with out qualification lie could draw his sal ary although he performed no service whatever. have an amendment hero which have drawn
 Mir Walker-I think this is just tho way it was in the old Constitution. The purpose of 1t is to prohibit abolishinR of judges for the term for which they are elected.
 Mir. Qates-That Is probably quite true, but we have a provision in this that is not in the old Constitution.
 MT Walker Ajudge who has beer elected to a term to a constitutions court I think he should be entitled tc |