The Montgomery advertiser., 1901-08-04

tn4t the Job IS his and ne may DC per- petuated. My idea is that we ought to do whatever is for the best for the people of Alabama at large. Now what . the necessity for these Chancery Conrts3 This separate chancery system las no jurisdiction except in three other States besides Alabama. so that forty odd States of the Union have no separate chancery system. The courts Of the United States have no separate chancery system, and only an equity docket which proves perfectly satis- factory. The States where there Is no ueparate chancery system maintain most of them chancery docket. and the Judge holding the law court Is per- fectly capable of deciding equity cases, and everywhere where 1t has been test ed they have been found quite capable. Tn this country whomsoever is admit ted to the bar and becomes a lawyer 1s learned in the law, in all branches of the law. The separate chancery sys- tenn was established by act of Pariia- ment. II originated in Great Britain, where more than thirty years ago 1t was wiped out of existence by act of Parliament. and there is no such thing as separate chancery divisions there. Then why should we hold on to 1t? Is there any necessity for 1t?
 
 ceiiors after the terms of the present incurbents expire. and with no neces- sity for their exercise in the future. Confer equity Jurisdiction upon the law courts and you have accomplished everything necessary. Besides that, every one knows that now there is a chancery court held in every county in the State. Then of necessity there are sfxty-six registrars, one in every county. These gentlemen live on costs and wish to get all they can by law. Every one knows that the Chancery fs the most expensive court that liti- gants get into. For instance you go and file a bill and place a vendors lien upon . note of two or three hundred dollars. 1t is generally against a man who is insolvent and if the complain ant gets out with two-thirds of his money. he is fortunate. the other one third has gone in costs. Now if this Convention desires reform as is claim ed and is held for the betterment of the government of Alabama here is a good place touching our judicial sys- tenn to declare that a separate chan cery system shall not be maintained because there is no necessity for 1t. Mir. President. presuming that the del- egates all understand my position and the reasons for my motion. do not wish to consume any more time.
 Mir. Heflin (Chambers)-I move to lay the motion of the gentleman from Montgomery on the table.
 Mir. Oates-Mr. President. I ask for . division.
 Upon a vote being taken there were ayes 42 and noes 39 and the motion to table prevailed.
 Mr. Graham (Montgomery)-I move the adoption of the section as reported by the Committee and call for the previous question.
 Mir. Sanford (Montgomery)-Did majority vote on that motion to table?
 The President-The Chairman is not keeping any mathematics this morn ing. A quorum voted. however.
 The question Is shall the main oues- ton be now put?
 A vote being taken the main ques- ton was ordered and further vote being taken the section was adopted.
 The Secretary read Section s as fol- lows:
 Sec. 8. A chancery court, or a court having the jurlsdict tion of the chan cery court. shall be held in each dis trict. at place to be fixed by law, at least<twice In each year. and the chan cellors may hold court for each other when they deem 1t necessary.
 
 tion of that section.
 A vote being taken the previous ques- tion was ordered, and further vote being taken the section was adopted.
 Mir. Barefield-I give notice that on Monday l will move to reconsider the vote by which Section of the Judi cisry report was adopted.
 The Secretary read Section g as fol- lows.
 Sec. g. Any county having a pop ulation exceeding twenty thousand &C., cording to the next preceding federal census. and also taxable property ex- ceeding three million five hundred thousand dollars in value. according to the next preceding assessment of property for State and county taxation need not be included In any circuit or ehancery divisionP but if the value of its taxable property shall be reduced below that limit, Tor If its population shall be reduced below that number. the General Assembly shall include such county in a circuit and a chan cery division or either, embracing more than one county.
 No circuit or chdncery division shall contain rlees than three counties. un- less there be embraced therein a coun- ty having a population exceeding twen- ty thousand and taxable property ex- ceeding three millions five hundred thousand dollars. The General Assem- ply may confer upon the circuit court or the cancery court the Jurisdiction of both of said courts. In counties having two or more courts of record. the General Assembly may provide for the consolidation of all or any of such courts of record. except the probate court. with or without separate divis- ions. and an appropriate number of judges for the transaction of the bus mess of such consolidated court.
 The Secretary read the minority re- port as follows:
 l object to the adoption of Section ms reported by the Committee:
 First-This section provides Cor. the establishment of too many circuit courts and courts with circuit and chancery jurisdiction. Under the re- port of the Committee. the General Assembly Is authorized to establish at the cost of the State, a court in nine teen counties with circuit and chancery court Jurisdiction, which, with the thir- teen circuit courts and five chancery courts as now established. I further object to Section as reported by the Committee for the reason 1t authorizes the General Assembly to abolish the court of Chancery. The system of sep- arate chancery courts has been too long a part of the judicial system of the State to be now abolished. there fore offer as a substitute for Section