The age-herald., 1901-07-12

Sec 9 The chancellors, judges of the Circuit Court, judges of the Probate Court, sheriffs, solicitors of the circuits and judges of the Inferior Courts. from which an appeal may be taken directly to the Supreme Court, may be removed from office for any of the causes specified in | the preceding section, by the Supreme Court under such regulations as may be prescribed by law.
 County Officers.
 Section 3. The clerks of the Circuit or l courts of like Jurisdiction, of Criminal | Courts tax collectors, tax assessors, coun- ] ty treasurers, county superintendents Of education, county solicitors, coroners, justices of the peace, notaries public constables and all other county officers, mayors, intendents and all other officers of incorporated cities and towns in this State may be removed from office for any of the causes specified in Section l of this article, by the Circuit or other courts of l like Jurisdiction, or criminal court of the county in which such officers held their office, under such regulations as may be prescribed by law; Provided, That the right of trial by jury and appeal in sucA cases be secured
 Section f. The penalties in cases aris- l ing under the three preceding sections shall not extend beyond removal from of
  flee, under the authority of this State, for l the term for which he was elected or ap- l pointed; but the accused shall be liable to indictment and punishment as pre- scribed by law.
 The convention then proceeded to con slider those subdivisions which 1t had de- cided to reconsider
 MT. Jones of Hale offered a substitute to subdivision 23 which was adopted. This ell ftrra fchn moi increase the jurisdiction and fees of the justices of the peace or the fees of con- stables"
 That clause which provided that no To- cal law should pass where there was general law on the subject was then taken up.
 This clause was originally part of sub division 26 and when taken from that sec tion was given no number and has on that account been source of confusion in the convention. In this report 1t will still be referred to as subdivision 26 and reads as follows:
 26. No special private or local law eX- cept law fixing the time of holding courts, shall be enacted in any case, which is porvided for by a general law, or when the relief sought can be given by any court of this State, and the courts and not the general assembly shall judge. as to whether the matter of said law Is provided for by a general law and as to whether the relief sought can be given by any court. Nor shall the General Assem- bly indirectly enact any such special pri- vate or local law by the partial repeal of a general law. The General Assembly shall pass general laws for the cases emu merated in this section.
 MT. Dent of Barbour moved to table the section and all amendments. At this point the clock struck one. Be- fore adjourning MT. Lowe of Jefferson gave notice of Democratic caucus to be held Monday night at S30 to consider the | suffrage report.
 Afternoon Session. The convention was called to order at 9:30 o'clock by the president. There were 119 members present. MT. Dent of Barbour withdrew his mo- tion to table subdivision 26. Governor Jones said that under the old law the uncertainty grew out of it's word- ing which said that no local law could pass where the matter could be provided for by a general law. No pending sec tion removed this uncertainty-it is not things which could be provided for but what were provided for It has been urged that there is something new in the proposed section where 1t leaves to the courts to decide whether a general law
  courts have always been the final arbi- ters to determine whether a law is con- sttutional. Sometimes a man is injoined by local law, but if we can get our people out of the rut of local legislation the good to be accomplished by general laws will more than outweigh any pos sible evil
 Judge Walker of Madison said that if a man could get the relief that he wanted under a general law or in the courts why should he be allowed as a favor to go to the legislature and get special law passed.
 General Harrison of Lee said enough restrictions had already been put upon the Legislature without adding this blanket clause. He moved to table the section and amendments.
 The Wilson amendment to strike out the clause leaving it to the courts to deter mine when general law existed was tabled by a vote of 63 to 37. The Sanders amendment to provide that the section should not prevent local laws on the liquor traffic was not tabled.
 The convention then refused to table, by vote of 50 to 72, subdivision 26 which provided that there should be no local laws where there was a general law on the subject.
 The Sanders amendment was then adopted.
 More Amendments.
 Judge Robinson of Chambers moved to amend by providing that a special law must recite that the notice required to be given has been given and that it is such special law that cannot be provided for by general law
 MT. Reese of Dallas moved to amend so as to allow the regulation of the practice of courts
 Governor Jones moved the previous question on the section and amendments.
 The Robinson amendment was then voted down and the Reese amendment adopted. The paragraph as amended was then adopted by a vote of 73 to 2S. Section 4 was then taken up which reads as follows:
 Section f. The operation of no general law shall be suspended for the benefit of any individual, corporation, association, town, city, county or township, nor shall any individual, corporation, association, town, city, county or township be ex- empted from the operation of any general law.
 MT Sanders moved to amend so as to provide that the section should not apply to the selling of liquor. Mr. Dent of Barbour moved to strike out the words town, city, county or township
 MT. Ashcraft moved to add the words 'except as in this article otherwise pro- vided" to the Sanders amendment. The Sanders amendment was then adopted. The convention refused to table the Dent amendment by vote of fl to AS. The amendment was then adopted by A vote of 59 to 32