The Montgomery advertiser., 1901-08-04

MT. Walker-There IS no necessts under this Article of throwing the ex- pense upon the State in any instance Now I realize the position
 Mir. white-One more ouestion. Wouldn't that enable a political party that wants to make a showing on state taxation to reduce the State taxes anu put it upon the county?
 MT. Walker-Not at all. l oo not see 1t that way. This is just ques-' ton, gertlemen-we have large coun- ty in Madison, in which the 5uoiciai business is frequently blocked be- cause we are dependent upon the Cir- cult Court and upon the Chancery Court, still we are not in a position to come to the Legislature and ask Tor an additional court, so We are tied up that 1t is impossible to dispense with the Circuit Court and the Chancery Court in that county. If there is a necessity in that county of establishing a court there there ought to be the right in the Legislature to dispense in that county with the two courts whose place has been fully filled by the new courts and that is all this section does. 1 move to lay the amendment of the gentleman from Colbert on the table.
 MT. Sanders-will the gentleman yield to me moment!
 MT. walker-Yes sir; ask the gen. tleman to renew the motion.
 MT. Sanders-Mr. President, I desire in a very few remarks to support the report of the majority of the Commit tee. l think this provision for consol- idating the law and equity courts In certain counties which can measure up to the population standard and to the property standard Is one of the hap pisst provisions of a very excellent re- port. It Is an elastic provision which will meet the growing demands Of the business of this State. The members of this Convention hope that at least quarter, perhaps a half of the century shall pass before ano.he: onstitutionai Convention Is held in this State and in that period of time the business Of Alabama and the business of'the courts will increase to such an exten. as to demand some provision of this sort. It is purely optional Mir. President. No county is forc ed to consolidate it's courts and there are many counties which may come In within the proyis- ions offered by the Committee which will not see fit to come in at once. but the growth of the business of the court will permit them to come In un- der these provisions later on if they see fit, and the gentlemen will bear in mind if such a court is established. it is not permanent. 1t is not fixed for all time upon the people, but can be re- pealed by the Legislature as well as 1t can be enacted. I believe this pro- vision will meet the hearty approval of the lawyers of the State. l believe more than any other provision, per- haps, in this State 1t will bring the lawyers of Alabama to the support of the Constitution which we adopt. know, MT. President, that the measure is very popular in my own county. This Convention is no: here for the purpose of considering what an iso- lated county in North Alabama may desire. but those considerations are not altogether to be ignored, and I believe both before the people and be- fore the bar of my county I can make stronger plea for the adoption and ratification of this Constitution because of this provision than perhaps any pro- vision we shall engraft within the in- strument. We have had in times past a very crowded docket, costs have ac- cumulated alarmingly. Cases could not be reached for trial. know of one instance where $35 case appealed from the Justice of the Peace ran up to $1,000 in cost in the Circuit Court, simply because the crowd of witnesses came from time to time in order to get trial. Mir. President. got mixed up last year in little bull calf case worth $10. the calf was. and the costs before 1t terminated were $250. Liti- gants appreciate system by which they can get speedy trials, il helps It, igants and 1t helps the lawyers. My friend from Colbert seems to fear that there will be a great number of new offices created at once under this pro- vision. As I said at the outset that every county that can avail itself of the provisions, will do so. If they should do so MT. President I have made up some figures as to the number of counties which can come in. The Committee considered at one time, I have not the honor to be a member of that Committee, but in conversation with the Chairman and other members l understood the basis of 10000 and 5000, 900 of property were considered at one time. that would have admitted fourteen counties, and the basis of 25, 900 population and $4,O00.000 would have admitted the same number of counties. The basis of 10000 and S3,000, 900 would have admitted twenty-five counties, 25,000 population and $3,0O0, 00G would have admitted twenty three counties, and think 10000 and $3.50O, 900 of prop erty, the basis reported by them, ad- mttted about twenty counties. So there can be no great influx of new officers In the State, if all should avail themselves of the provision at once. , Mir Ashcraft-If these counties who could. avail themselves of this provision should do so, it would enable the Leg islature to correspondingly reduce the judges and chancellors.
 MT. Sanders-I understand that-to be the effect. I hope the majority report of the Committee will be adopted. I promised to renew the motion of the gentleman from Madison to lay upon the table the substitute offered by the gentleman from Colbert I do so.
 Upon vote being taken the motion was carried.
 Mir Watts-I move the adoption of the section and call for the previous question
 MT. Oates-I hope the gentleman will withdraw the motion for the previous question.
 MT. Williams )Barbour)-I offer an amendment.
 MT Watts-If the gentleman wishes to offer an apendn.eHt ot course will withdraw.
 The President-Does the gentleman yield to the gentleman from Montgom- cry.
 Mir. Watts-Yes, sir.
 MT. Williams (Barbour)-I offer this amendment: Strike out the sentence beginning in line 10 with the words AacoUaElN-'