The age-herald., 1901-08-07
BY FRANK HARVEY MILLER.

convention today completed the article on judiciary having been at work on 1t since Saturday. The most important change made in the judicial system was the adoption this morning of substitute by MT. Ashcraft of Lauderdale to section 2S as reported by the committee.
 The original section provided for the present circuit solicitors being elected by the qualified electors of each circuit and to hold office for four years. The sub stitute of MT. Ashcroft as adopted does away with circuit solicitors and provides for the election of a county solicitor in four years and whose salary shall be fixed by law according to the require nents in each county.
 This was adopted after a very pretty legislative fight during which an effort was made to leave the election of the solicitors to the legislature as has been the practice for many years.
 A section was also adopted which au- thorizes the legislature to abolish any court except the Supreme Court, whose functions may have been absorbed by another court.
 The rural justice of the peace, who as one delegated stated, granted divorces and established convict systems, has not been interfered with. but the legislature courts to take the place of the urban justice in all towns of over 15oO inhabi- tants.
 Aside from the Ashcraft amendment and an amendment authorizing judges of the circuit courts to fill vacancies in the office of clerk the entire judiciary arti- cle has been adopted as reported by the majority of the committee There were five minority reports from the com mittee, but none of their recounnenda- tions were adopted.
 There was considerable debate on proposition to direct the legislature to provide for & stenographic report Of the evidence in civil and criminal cases. but the proposition was finally defeated
 The convention will take up tomorrow the report of. the committee on municipal corporations.
 Convention Opens
 The sixty-fourth days session or tn' constitutional convention was called tS order by President Knox at o'clock. prayer was offered by Rabbi Messing Roll call showed IS members present, 2 bare quorum.
 MT. Sanford of Pike introduced a reso- lution that no leaves of absence De grant ed except for sickness. This resolution
 
 and was doubtless prompted by the dill culty the convention has had in the last few days of obtaining quorum. The roll had to be called twice this morning before a quorum was obtained.
 The convention then took up the pend ing question which was the consideration of the article in judiciary. Section 2 was adopted as follows without debate:
 Sec 7 The clerk of the Supreme Court and registers in chancery may be remov- ed from office by the justices of the Su- preme Court, and by the chancellors re- spectively. for cause. to be entered at length upon the minutes of the court.
 Circuit Solicitors.
 Section 28 was read as follows:
 Sec. 2S A solicitor for each judicial cir cuit or other territorial subdivision pre- scribed by the General Assembly. shall be elected by the qualified electors of such circuit or other territorial subdivision, who shall be learned in the law, and who shall at the time of his election, and during his continuance in office reside in the circuit or other territorial sub-divis- ion. for which he Is elected. and whose term of office shall be for four years; pro- vided. that this article shall not operate to abridge the term of any solicitor now in office: and provided. further, that the solicitors elected in the year 1904 shal hold office for six years. and until their successors are elected and qualified.
 There was a minority report to thif section signed by Messrs Lowe of Jeffer. son and Ferguson and others which pro. vided that the solicitors should be elected by joint ballot of the Legislature
 MT. Sanford of Pike offered an amend ment to the minority report to authorize the legislature to provide for the appoint ment of county court solicitors. This amendment was accepted by the minority report.
 MT. Ferguson of Jefferson offered an amendment to the minority report to provide that the solicitors must be learn ed in the law and fixing the term of of- fee at six years. This was adopted by vote of 47 to P. and the minority report as amended was adopted by vote of 58 to 30. This reads as follows:
 Sec. 2S A solicitor for each Judicial circuit or other territorial subdivision prescribed by the legislature shall be elected by joint ballot of the legislature, who shall be learned in the law and who shall at the time of his election, and dur ing his continuance in office, reside in the circuit or other territorial subdivision for which he Is elected, and whose term 0R ohau he for al xroQr and UhO shall be paid salary to be fixed by law, and which shall not be increased or di- unfinished during the term for which he is elected; provided that nothing in this ar ticle shall operate to abridge the term or emoluments of any solicitor now in office.
 A Hot Speech.
 A motion to reconsider the vote adop- ting this section was tabled.
 MT. Spragins of Madison offered an amendment to provide that county solic- itcrs should be paid a salary. He spoke in favor of his amendment giving illus trations of frivolous prosecutions where the fee system prevailed.
 MT. Barefeld of Monroe offered an aamendment to provide that Mir. Sprag- ins' amendment should not apply to dep uty solicitors. MT. Spragins accepted this amendment.
 A motion was made to table the amend ment. MT. Graham of Talladega gained the floor and said this was an outrageous attempt to adopt a minority report with out giving the majority an opportunity for discussion. MT. Sanford of Pike arose to a point of order and said MT. Graham had no right to lecture the con- vention (Applause.) Mir. Graham replied that he had as much right as the gen-