The Montgomery advertiser., 1901-07-18

,A Aseemhlx to aboIlsh the Court of Chan cery. The system of separate Chancery Courts has been too long a parf Of the judicial system of this State 10 be now abolished. I there- fore offer asa substitute for Section g es reported by the Committee ths Sec. Q. Any county. having a popula- tion exceeding 5000 according tor the next preceding Fed eral census, and also taxable property exceeding S,00o,00o in value according to the next preceding assessment of property for State and county taxation need not be included in any circuit or cnancery division. but if the value of the taxable property shall be reduced below that limit, or its population shall be reduced below that number In either of which events the General Assembly shall include such county in a circuit or chancery division or either. embracing more than one county. No circuit or chan cery division shall contain less than three ounties, unless there be em- braced therein a county having a pop ulation exceeding 5000. and taxable property exceeding $7,000. 900. The counties ef this State not having a population of sSo.ooo and taxable prop erty of s7.000000 or more shall be d. vided into convenient circuits by the General Assembly at its first session after the adoption of this Constitution, and when so divided the number of cir cults shall not be increased except by 8 vote of two-thirdsI of the General Assembly. J. T. Kirk. Mr. President:
 We, the undersigned members of the Judiciary Committee. believing that biennial elections should be dispensed with. and that only one election in every four years should be held for the selection of State and county of- ficers, do not concur in the report of the Committee as to Sections l6. r and 2s.
 Therefore, we move as a substitute for Section IS the following:
 Sec. 16. Except as otherwise pro- vided in this Article, the Chief Jus tice and Associate Justices of the Su- preme Court shall hold office for the term of eight years, and until their successors are elected and qualified. Circuit Judges, Chancellors and Judges of Probate shall hold office for term of four years, except as otherwise pro- vided in this Article, and until tneIr successors are elected or appointed and qualified; Provided, that this Section shali not operate to abridge the term of any Justice of the Supreme Court, Judge, Chancellor or Judge of Probate now in office; and provided, further, that the Justices of the Supreme Court, Judges, Chancellors and Judges of Pro- bate elected in 1904, shall hold office for the term of six years, and until their successors are elected and qual- flied.
 We move as a substitute for Sec- tion II the following:
 Sec. IT. The Chief Justice ard As- sociate Justices of the Supreme Court shall be chosen at an election held for the election of members of the Legls- lature in the year 1910. The term of the office of the Chief Justice who shall be elected in 1910 shall be as pre- scribed in the preceding Section. As nearly as possible. one-half of the As- sociate Justices elected in 1910 shall hold office for the term of four years and until their successors :-e elected and qualified; and the remainder for the term of eight years, and until their successors are elected and qualilci. The Associate Justices elected in 1910 shall determine by lot among them selves which of them shall hold office TOT the term ending in 1914 and 1918, respectively. the result when so de- termined to be certified to the Gov ernor by such Associate Justices or a majority of them. and also to be ent- cred upon the minutes of the Cours. In the event of the failure of such .Asso- ciate Justices to make and certify such determination, the Governor shall de- signate the term for which they shall hold office respectively, as above rro- vided. and shall issue his proclama- tion accordingly.
 We move to amend as a substitute for Section 26 the following:
 Sec. 26. A Clerk of the Circuit Court shall be elected by the qualified eIec- tors in each county for the term of four years, and may. when appo,nted by the Chancellor, also hold the office Of Register in Chancery. Vacancies in such office of Clerk shall be fi..ei ty appointment by the Governor. But nothing in this Section shall operate to abridge the term of any clerk now in office; and clerks elected in the year 1904 shall hold office for the term of six years, and until their successors are elected and qualified.
 c. c. NeSmith,
 Wm. :. Fitts,
 P