The Montgomery advertiser., 1901-08-07
THE AFTERNOON SESSION.

THE AfIEhSOON S6SSlON. Eighty nine delegates were present when the Convention reassembled at 3:30 o'clock.
 Mir. Ashcraft of Lauderdaie, con- tinued his remarks in support of his additional section to the Judiciary Ar ticle. This new section proposed that the legislature shall place the Clerk of the Supreme Court on a salary and that all fees in excess of this salary shall go into the general fund. Mir. Smith of Mobile, Chairman of the Committee on Judiciary. spoke against the Ashcraft amendment. He severely criticised gentlemen who inn puted wrong motives to the Commit | tee and to the legislature. On motion of MT. Smith the amend ment of MT. Ashcraft was tabled. Governor Oates sent up an amend ment 9in the shape of a new section. It empowered the legislature to abolish any court except Supreme Courts and Probate Courts, whenever the 5urisdic- tion of such court had been conferred upon any other court. Theamendment was adopted by a viva voce vote of 54 to ST. Mir. Reese of Dallas. sent up an amendment in the shape of an addi- tional section which authorized the leg
 islature to change the method or se-
 lecting County Solicitors or 1t may
 provide for the appointment of County Solicitors.
 MT Reese made an argument in support of his amendment. On motion of MT. Smith of Mobile, the Reese amendment was tabled. Several Amendments Tabled. MT. Mulkey of Geneva, sent up an
 amendment in the shape of & new sec tion. It provided for punishment Of Justices of the Peace for compromis- ing cases.
 On motion of MT. Smith of Mobile. the Mulkey amendment was tabled. Governor Oates sent up an amend ment in the shape of an additional
 section. It authorized the legislature to provide for stepographers in crim- | inal courts.
 Governor Oates addressed the Con- vention. He said that courts of Ala bama were not keeping pace with the times.
 On motion of MT. Smith of Mobile,
 the amendment was tabled. MT. Williams of Fillmore, sent up an amendment in the shape of an addl- tional section. 1t provided that Jus tices of the Supreme Court shall re- ceive yearly salaries of 5000 and Cir cult Judges and Chancellors shall re- ceive annual salaries of $3,O0O. Mir. Williams addressed the Conven- ton in support of his amendment He
 declared that he was also in favor os increasing the salary of the Governor. On motion of Judge Walker of Madi- son the Williams amendment was ta- bled. Governo. Oates of Montgomery sent up an amendment in the shape or a new section, relating to grand juries and their duties. 1t provided that grand juries shall consist of eighteen fmea, ten of whom may return yer dict and that the Solicitor may dis close the evidence to the presiding judge.
 Governor Oates spoke of grand ju-
 ries. He said in many counties 1t was difficult to get indictments by grand iuries, It was possible to tamper with grand juries and in this way guilty parties some times escape. By allow ing ten members of the jury to return q verdict, it would have tendency to increase respect for the law. He said | the number of murders committed in Alabam Is a disgrace to the State. MT. Smith of Mobile said he thought | the amendment was Of a Legislative character and moved to lay 1t on the | table.
 Bv a viva voce vote of 62 to %, the amendment was tabled. MT. Burns of Dallas sent up an amendment to be an additional section, | It provided that the fees of every trial | judge and justice of the peace shall De the same in conviction or acquittal.
 On motion of MT. Smith of Mobile, the
 Burns amendment was tabled. Stenographers for Courts. Mir. Wilson of Clarke sent up an amendment as an additional section to the Article. It provided that 1t shall
 be the duty of the Legislature to pro vide for taking down the verbatim evidence in civil and criminal cases in | Circuit Courts or counrts of like juris- | diction.
 Mir. Wilson addressed the Convention in support of his amendment. He said
 1t would provide a stenographer for
 poor people. Rich litigants usually had
 a stenographer on hand in the courts They were able to pay them and 1t worked an injustice to the poor people of the State.
 MT. Duke of Chambers spoke in sup | port of the Wilson amendment. He argued that the amendment was not legislative and that it was in the inter est of poor litigants. He showed that
 there are court stenographers in Geor-
 gia and Mississippi. s@. | Mir Boone of Mobile moved to table
 the amendment. but by d vote of 46
 to 49 the Convention refused to table the amendment.
 Mir. deGraffenreid of Hale moved to
 adopt the amendment, and Judge Cole
 man spoke against the amendment. | MT Wilson altered his amendment by sending up a minor amendment 10 the amendment.
 Judge Coleman moved to table the amendme to the amendment and called for ayes and nays. The call was sust and by q vote of 52 to | 61 the Convention refused to table the amendment to the amendment. On motion of Mir. deGraffenreid, the amendment to the amendment was adopted,
 The question recurred to the adoption of the Wilson amendment. and by an ave and nay vote of 45 to IT, the amend ment was defeated.
 Mir Whiteside of Calhoun introduced an amendment as an independent sec tion. It provided that after any suit
 has been brought the Legislature shall
 not have power to take away the cause
 of action.
 MT. Whiteside of Calhoun and MT.
 Boone of Mobile spoke in support If the Whiteside amendment. and bv vote of 51 to 25 the amendment was
 adopted
 Captain Dent of Barbour gave notice that he would move to reconsider the