The Montgomery advertiser., 1901-08-07

of any criminal case pending in this | court shall be guilty Of 2 misdemeanor Snd shsll also be liable therefor to im- peachment under the provisions or this Mr. Mulkey--Mr. President, 1t has been my observation that officers com promise cases for a very small reward and it ought to he prohibited and fos that purpose l offer the amendment and move its adoption.
 Nr. Smith (Mobile)--I am heartily n favor of the law the gentleman ad- vocates. I think it a most excellent measure. but I do not think it has kanyfhing to do with the Constitution. ft is a legislative enactment pure and imple and it already exists in our tatutary law, and therefore move to ny the section on the table.
 Nippon a vote being taken the motion Atable prevailed.
 .@..&r,. Oates--I desire to offer an addi- .IioAal section.
 The Secretary read the section as follows: Tt shall be the duty of the Legislature to provide for the appoint ment and compensation of compe- tent number of court stenographers who shall act upon oath and whose duty it shall be to take stenographi- cally and typewrite all evidence fin criminal cases that may be prescribed by law.
 Mir. Oates-I am aware that this is new in this State and I think to that extent we are in our judicial proceed ings behind the age. In majority of the States there are court stem ographers provided for and ev- cry lawyer who has had experi-- ence in criminal practice knows that it Is a measure really of economy. It is a saving in time and 1t prevents shs trouble of disputation as to what wit nessc. have testified when an argument Is going on before a jury and often prevents disrutation and trouble aris- ing by a difference in recollection of the presiding judge and the lawyers en- gagged in the case and sometimes ab- solutely gives rise to hard feelings and trouble in establishing bills of excep- ton and for the Supreme Court. It is a saving in time because when the evil dence of the witL esses Is taken down at once by a competent stenographer there is no delay, no dispute, no mis- understanding about what these wit nesses swtre. Now. sir, 1t does not pro- vide, this amendment does not, for court stenograrhers in civil causes for this reason: In most of the states where l have noticed the system it is only provided by law that the cour: stenographer shall take down the evil dence in a criminal case. Where there is a court stenographer. however. the Legislature prescribec 8 comparatively low rate of charges which he may be entitled to wherever the parties in the civil cause see proper to retain him to take the evidence therein. So there is no reason for putting that in the Constitution. I offer this merely to require the Legislature to make 1t their duty to provide for the appointment and compensation of a reasonable num- Der of competent court stenographers who shall act under oath in the per- formance of the duty of taking down testimony in criminal cases, and stop right there. Of course, when a man is given the position as court steno- grapher. he does not think of receiving such compensation as he does for con- tract work. not at all. It Is a great deal less. noticed the workings of this and inquired into 1t particularly in California where I happen to have brother who is a distinguished mem Der of the bar, and he furnished me great facilities for carefully looking into the.r system and their workings of court stenographers. They are worth a great deal less because in the aggregate 1t is a good. thing for the stenographer and 1t is really an econ-
 of time and adds much to the ac- v of proceedings and as l have
 before as to civil causes. where ss agree, he. still acting undel C. can take down testimony ant ly facilitate them, but it is i'm.
 dn my opinion to put a clause
 bat In the Constitution, and rhit
 les as the Legislature may pre- scribe, leaving 1t to them to say wher this goes Into operation and how tC pass law prescribing the compensa. ton and the manner of appointment and their duties. 1 think 1t is a gooG thing for the profession. Now, MT President, l want to say to the dele. gates that I have no personal interes in this. l have been member of tht bar forty three years off and on in act i've practice large part of the time and I am in the practice now, but onl, an special cases. I do not suppose tha l would ever receive any benefit iron \ this, and if were to it would not de ter me from offering 1t. l offer it be cause I think 1t a good thing for tn,
 'er, for the court and for the peo
 Of the State. It is really In tn, t1 rest of economy although 1t ap S Go be an expenditure, and will ia
 ate the prosecution of business. Be ng this, l prepared 1t and offer i
 his Convention, and I hope tha
 will adopt it.
 Hr. Smith (Mobile)-I appreciat, veIy thoroughly the benefit the gentle man speaks of which is received boil by the court and b.- the bar from tb, use of a stenographer. In our count, there has been an official court steno grapher for the last ten years under in, enactment of the State of Alabama un der the Constitution of 1875. In tn, State of Mississippi where also prac 2. there Is an official court steno
 Ter which stenographer also act
 :. an act of the General Assembl,
 State of Mississippi, and while
 1 not be without a court steno
 Ter, and while 1t is my habit wheI
 ve any place where there is al
 Il stenographer. I carry a cour
 grapher with me. have not trieC
 e for nearly fifteen years withou
 still it does not occur to me tha
 lse Of the benefits we should ennc
 acts. It seems to me to b.
 legislative matter which i
 not only power to exercise. hu
 1t has heret ofore exercised an,
 d not therefore be in our Con
 Iion. Therefore l move to law th
 ldment upon the table.
 on a vote being taken the motto,
 lhle prevailed.
 iivision was called for.
 Sanford (Pike)-I rise to a noin