The Montgomery advertiser., 1901-08-07

legislative, not a matter that has been committed to our discretion or our charge, and despite my regrets l move to lay 1t upon the table.
 Mir. Oates-Oh, we'll as to that. am used to it, fortunately.
 Upon a vote being taken division was called for and further vote being taken there were ayes 62, noes 2s, ana the motion to table prevailed.
 Mir. Burns-I have an amendment.
 The Secretary read the amendment as follows:
 Sec 35. In the trial of all cases be- fore judicial officer, the compensation of the trial judge or justice shall be the same whether or not the defendant be convicted or discharged.
 The President-The question will be upon the amendment offered by the gentleman from Dallas.
 MT Burns-I will not detain or take up any time in discussing that. Those words and lines speak for themselves. They appeal to every honest man in this Convention.
 MT. Waddell-Will the gentleman submit to an interruption.
 MT. Burns-Certainly.
 Mr. Waddell-How do you expect to collect that?
 MT. Burns-How do you expect to collect the salary of any judge, circuit judge, or anybody else? The Legls- lature will provide for the collection of it.. The point 1 am after is that no Judge or Justice of the Peace shall be interested in the determination of case which is on trial before him. There is complaint all over the State of Alabama against Justices of the Peace. Why is it? It is because when ha, their constables go out and bring in a trifling negro or low down white man, their costs depend upon conviction. If they convict him and fine him cent. if negro. some man will come along and pay the 1 cent and the costs and take that negro along to his plantation or wherever else he wants him to go. I hope I have impressed this point upon every member of this Convention. It is for you to say whether you will pass this or to make one great grand struggle upon the notion of some grand attorney and carry it out and push it along the rugged road to the table. l The President-The question Is upon the amendment offered by the gentle man from Dallas.
 MT. Smith (Mobile)-I move to lay tl.at amend ment on the table.
 Upon a vote being taken the President declared the ayes seemed to have it. A division was called for.
 MT. Burr s-I withdraw the demand | for division.
 MT. Wilson (Clarke)-I wish to offer | an amendment.
 The Secretary read the amendment as follows:
 "It shall be the duty of the Legis- lature to provide for taking down and preserving verbatim reports of the evil dence in criminal and civil cases" The President-The question is upon the amendment offered by the delegate from Clarke.
 M-. Wilson (Clarke)-I desire to of- | fer this amendment. 1 was not in fla vor of the amendment offered by the gentleman from Montgomery. because I did not think 1t went far enough. I am not in favor of taking down the | evidence in criminal cases alone be- cause l am not much interested Tn those cases, never deal in them, but 1 have seen the urgent necessity for some provision for an official steno- graphic reporter. It is seldom that you take an appeal to the Supreme Court that you do not have to dispute with the judge as to what ought to go in your bill of exceptions, or with the fellow on the other side, that you dc not have to either have a fuss with him about what goes into 1t. or permit something to go into 1t that ought mol to be in there. 1 believe there arc many cases that go to the Supreme Court in which the record shows that there was an exception or ground fol objection to the evidence or something else there interposed, when, as a mat ter of fact, there was no such thing. The
 bill of exceptions. as written in the records. as a matter of fact is not
 true.
 MT. Reese-I will ask the gentleman If 1t is not the poor man who cannot afford to employ stenographer who always gets the worst of that? MT. Wilson-Yes. l believe it is be- cause the corporations and person!
 who are represented by counsel such a. the distinguished gentleman from Mo
 bile. the Chairman of the Judiciary Committee. who always takes a com petent stenographer with him to re port the trial. are usually persons able to afford to take stenographers along and 1t is the man whose home is il [ litigation, and it is all that he has is not able to send and get stenog rapher to report the trial. and he sui fers because there is not an ofiicia stenographer there t0 take down thu [ testimony.
 MT. 1OOOne-lS II not the law Una
 the Constitution is not a granting ,, power?
 I MT. Wilson-Certainly. , MT. Boone-And unless prohibited , the legislature has the power?
 MT. Wilson-Certainly. f MT. Roone-Any inhibition in this! r Mr. Wilson-Not particle. but, MT | President. there is not an official ste nographer in the first circuit an' F never has been. and l am afraid ther will never be. and that is why l wan , it put in here. There are various pro
 visions in the Constitution simply say
 ing that things shall be done. in her f for instance says establish judge o f probate in every county. Who cal , deny that they could be in there ac
 cording to the logic of the gentleman from Mobile. Strike it out and tn same with circuit courts and inferio l courts It is not only to have thing , go into the Constitution what the legis laturc should not do. but general prin f ciples which the legislature should q
 should go in there to require them | . do it. 1 believe this Is one of then
 It is not the legislature, 1t is simpl a the principle. It does not say hoN f many stenographers. or what stenog , raphers, or what they should be palc I or how selected or anything of .tha a liud-thcre are no legislative details but simply says the legislature sha 4 l provide the method to take down S verbatim report of the evidence, and l
 l.