The Montgomery advertiser., 1901-07-07

The PrssIdent- This is an 6nflro11 different question. { MT. Jones (Montgomery) -TheAs1 VII vote no. s2 s
 After the roll call had been nnlshs3 and the result announced: s
 MNJones (Montgomery)--I have an amendment to offer.
 The amendment was read e fe1ioWss Amend Section 9 by adding after thu words actual service" in the third 1tne of the printed bill the words Tor whoa assembled undc1 arms as . military organization"
 MT. Jonea (Montsomery)-I will stass briefly the object of the amendment. Under the law and the Constttution tho members of the volunteer organixaktcn are liable to a court martial only when they are called on duty, in the eneorce- ment of law, when they are organtxed in a camp of instruction and ppogtbly when they are ordered to the drtlln that the statute provides for. Thsrs are q good many cases where the or ganizations are not in actual Sarvico such as when they SO te attend trial drills or some fete or celebration and 1t often happens that offences ara committed that for the good of the orr ganization and discipline ought to Dc punished by court martial. The ob- feet of my amendment is to allow tho military authorities to deal with man who. when he goes to picnic under arms, gets drunk and raises a row. and not allow him to escape punishment by court martial under the plea that he was not in actual service. was lonG time connected with the military ses- vice and offer this for the good ordor of military discipline.
 Mir. Lomax-Are these offences prIb- vided with proper punishment in tho military law2
 MT. Jones-Yes. but without this you cannot proceed against them.
 MT. Rogers (6umter)-Would this take the punishment out of the hands of the civil authorities? M
 Mir. Jones-I think not. A private might slap an ofiicer and he could be court rnartialed and still csuld bs proceeded against in a civil court just like h0 could for murder.
 A vote being taken the amendmeut was adopted.
 Mir. Ferguson--I have an amendment.
 The amendment was read as followas Amend Section 9. line 5. after the word "misdemeanor" by adding the words and grand larceny"
 Mir. Ferguson-I wish briefly to ex- plain to the Convention the purpose of
  means great saving of money to- ,he of Alabama. That ought to to the watohdogs of the treasury upon this floor.
 It furthermore guarantees. MT. Prest- dent. . speedy trial to many people that are charged with the crime of grand larceny in this State that should commend itself to the guardians of civ. Il liberty upon this floor. er
 Mir. Foster-Does that authorize jus- tices of the peace to sentence . man to the penitsntary?
 MT. Fergusen-Not at all. Blythe re- port of the Attorney General, Mr. Pres- ldent. for the last preceding two years grand larceny was . predominant crime h the State ef Alabama. There were 937 cases of grand larceny prose- cuted in the State of Alabama for the two years ending the first of last Sep- tember. By the report of the Attorney General for the two years ending Sep- tember 1. 1S96, there were more than fifteen hundred cases of grand isreenx prosecuted in the State of Alabama. Take 1t year in and year out, there in an average of eleven or twelve hundred cases of grand larceny prosecuted vi ith- In the confines of this State.
 MT. Oates-I desire to ask the gene tlefnan a question. Would not that leave the offense of grnnd larceny to be tried and disposed of by Justices of the peace?
 MT. Ferguson-Not at all.
 Mir. Oates-Do you%hink they should be allowed to try and dispose of the cases finally?
 Mr. Ferguson--Not at all. Now the gentleman is a lawyer and he must know the law. This Section as it stands now and as 1t has stood here tofore permits the legislature to dis- Dense with the absolute necessity of indictment in all misdemeanor cases. Now then under that law the jurfsAic- ion of justices of the peace is ooli- lined to certain offenses. mean the final Jurisdiction of justices of the peace are con- fned to what? According to my ecoliection I will briefly state them. 70 vagrancy, assaults. assauits and affrays,o sin which no stick IT other weapon Is used. cruelty to anil nals, public drunkenness. and perhaps me or two other little offenses.
 Now, then. all the other misdemean- ITS of the State are not within the lnal Jurisdiction of justices of the eace. Upon the same principle as the tatute law fixes what the final juris- fiction of Justices of the Peace is, you an not say that the Legislature will i've them a final jurisdiction of grand arceny cases. believe that Is an nswer to the question of the gentle- nan from Montgomery.
 Mir. Pitts-What is the punishment or grand larceny?
 MT. Ferguson-I was coming to that ster.
 MT. Pitts-welI tell us what 1t is ow?
 Mir. Ferguson-From one to ten ears.
 MT. Pitts-You propose to send a nan to the penitentiary for ten years n information?
 Mr. Ferguson-That will be at the lection of the defendant. He will lose O rights in the premises. He can still en1and his trial by jury.
 MT. Pitts-Why limit this to grand Irceny. why not put in all the other slonies?
 MT. Ferguson-I was satisfied this would not consent to the utting in of all felonies but I believe fter I have explained the purpose for hich offer this amendment the Con- ention will vote for 1t.
 Now bear with me patiently just a foment longer. There Is not a man pom this floor but who knows that the lsttpction between grand and petit fceHy Is shadowy, purely technical. he only thing that makes the distinc- on Is the value of the property. Un- pr the present statute to steal a hog orth $5 is grand larceny, If the hog
 only worth S4.60 it is petit larceny. MT. Pitts-What aboutu the punish