The Montgomery advertiser., 1901-07-09

Gt4B Tn the courts III tnhs country knows that 1t is true. Having mad thia matter under consideration, and having considered the matter since Saturday afternoon, it has occurred to me wise and proper to offer the amend ment which now send up and ask the clerk to read. The amendment was read as follows: Amend the minority report of the com mtitee by striking out said minority report, and adding to the section as re- ported by the committee the following: "Frovfded, that the General Assembly may authorize the returning of verdicts upon the agreement of three-fourths of the jury in all civil cases, not including actions in tort.'
 MT. Coleman-I use the phrase lin tort because 1t has a comprehensive legal definition. All courts and lawyers know their meaning. This has been suggested by those who are In opposi- ton to the minority report, and the amendmnet of itself will facilitate trials in all actions founded upon con- tract. express or implied, and this Con- vention by that amendment does not take upon itself to decide arbitrarily that a verdict may be returned by three-quarters. The matter Is left to the General Assembly. As 1t Is said this matter was not discussed when we were elected to these positions, but 1t can be discussed, and the members to the General Assembly will be in g. po- sttion to know the desires of the people upon the subject.
 MT. Weatherly-Is it not fact that the only difference between the amend ment offered by you and the report of the committee is that the whole mat ter Is relegated to the Legislature:
 - MT. Coleman-There is one other dif- ference. The matter is not left to the Legislature so far as actions In tort are, concerned. They remain exactly as repoited by the committee. l will say to the delegates to the Con- vention that upon reading this report 1t met with my approval, put atter hearing argument pro and con, and seeing where hardship would result, and where protection could be afforded, came to the deliberate conclusion that there should be protection given to those parties against whom we know from experience, however just and hon. est turies may be. their sympathies are altogether upon one side and not upon the other. 1 do not believe, as has been suggested, that corporations stalk abroad in the State and the jury trials and the body polite are fester- ing sores from beginning to end There
 
 rise to severe criticism, but upon the whole. maintain the rights of proper ty are as well preserved in this State as in any other State. and believe a provision such as embraced in the amendment I have offered will quiet these people who are apprehensive Of injustice being done to them, and you will raise up no opposition to the rati- fication of the Constitution because they are protected in the only particu- lar where injury can be done to them. Upon contracts they are willing to go before the juries of the country because there the law determines the measure of damages that ought to be recovered. but in trials in tort cases there Is great latitude left to the jury, and there Is no way to correct an abuse.
 MT. Samford-It seems to me that this discussion has been protracted long enough for every delegate upon this floor to come to satisfactory con- clusion. I, therefore, move the pre- vious question upon the section and both amendments.
 Mr. White-Will the gentleman allow me to discuss the amendment to the amendment!
 MT. Samford-No sir, l decline to withdraw the motion for the previous question.
 A vote being taken, or a division the previous question was carried by vote of 57 to 46.
 Mr, Lomax-I do not care to unnec- essarily consume the time of this Con vention in the discussion of this propo- sition.
 MT. Rogers (Sumter)-I rise to a point of order. The question is on the adoption of the amenoment offered ty the delegate from Greene and Is not on the original proposition. l think the gentleman will have his ime 10 close the debate when the question IS on the original proposition.
 The President pro tenn (Mr. Graham) Talladega-In response 70 the point Of order. the Chair will state that the main question is ordered on the propo- ton Is in order.
 Mr. Lomax-Mr. President, 1 do not believe any question has yet ccme be- fore this Convention which more in- wolves the essential liberties or the peo- pie of Alabama than the question now before you. and, therefore, It has not seemed to me that an attempt ought to be made to cut off Sull and fair discussion of 1t, but believe now eV- cry view of this question ha3 been pre- sented and 1 believe this Convention IS Teduy lO say Wudl SH1h OH NAtA the original proposition and both amendments. Hence. snail lot detain you long in the discussion of tAe ques- tion.
 The very fact that the amendment offered by the minority and the Omend- ment offered by the gentleman from Greene are in such direct antagonism, is to my mind evidence that these amendments ought not to pc adopted and that the section should stand as reported by the Committee.
 The complaint made on Saturday was that by reason of the fact that bribery stalks at noon time and sittelh Tn the court house in the evening hour, we should make a verdict of nlne meE con- trol a jury, because the lnen who are injured by these great corporations could not get at them as long as they had the power to bribe one man CT Jury. 1 do not believe with all due def ference to my friends that the pee pie of Alabama are as corrupt and Nenal as they are painted in that declaration. 1 do not believe that bribery runs ram pant over the hills and valleys of Ala bama. l believe that in the matter of morals. in the matter of honesty and in the matter of integrity, the Ieople of Alabama today compare with its people in any period of its history and will compare with the people Of any time in the future. If it be true that in some portions of Alabama there IS bribery of jurors, gentlemen wlo rep resent that portion ought to go home