The Montgomery advertiser., 1901-08-04

 five hundred thousand dollars and in-. sert in lieu thereof seven million dol- lars.'
 The President pro tem-The question is on the amendment offered by the gentleman from Colbert.
 Mir. Kirk-Mr. President and gentle men of the Convention. the object Of this amendment Is to avoid the effort made by the Committee on Judiciary to create more courts in the State Of Alabama than in my Judgment should be created. Under the report of the Committee authorizing he legislature to create a court with chancery and circuit court jurisdiction in counties with twenty-five thousand population and an assessed value of property at three millions five hundred thousand dollars, will authorize the legislature to create nineteen or twenty courts or that character at the expense of the State. Twenty courts more than we now have, that are doing the ousi- ness of the State. It is placing burden on the State that in my 1udg- ment is unnecessary to do. we nave thirteen circuit courts and five chan cellors doing the business that IS re- quired. Under the report of the com mittee there can be added to those thirteen circuit courts nineteen more We will then have something like tnir- ty or thirty-five courts at the expense of the State, and the work is now be- ing done by thirteen circ lit judges and five chancellors.
 Mir. Pillans-Will the gentleman al low me to ask a question right there:
 MT. Kirk-Yes, sir.
 MT, Pillans--UNder the present Con- stitution of Alabama the legislature has the power to establish that court in sixty-six counties of the State, has it not?
 Mir. Kirk-At the expense of the State? I think not.
 MT. Pillans-Has not 1t the same power in sixty-six counties under the present Constitution that it would nave in this in some nineteen counties?
 Mir. Kirk-I think not. At the ex- pense of the State?
 Mir, Pillans-I did not say anything about the expense of the State, ask ed the gentleman whether the power to put it in nineteen counties m that proposed amendment does not exist III sixtv-six counties under the present Constitution? The gentleman does not care to answer my question directly.
 Mir. Kirk-The question of the gen tleman from Mobile. perhaps, can pc answered in this way. The ieslsis- ture would have the right to create d court of that kind at the expense Q. the county. but not at the expense or the State. Now my position is, that if a county wants those courts as a matter of convenience. and not as a matter of necessity, let them nave them. ~
 MT. Duke-I wish to ask the gentle man a question. "
 President pro tem-Will the gentie- man yield?
 MT. Kirk-Yes. sir.
 Mir. Duke-I will ask the gentleman if he states it as a matter Of law that the legislature now could not cFeale county court in each county Tn the | State and make the State pay for IL: Nr Kirk-I do not state that as a matter of law that they could not' ne cause I have not examined that prop- osition. Mir Pillans-One more question, anu I will trv not to interrupt further, IL Is bringing out fairly the discussion. Is there anything in this proposed tirss section which imposes the buroeh oi | the local court upon the State treas urv. any more than the burden or the | inferior court, which might be estan- lished by the legislature under the eA- isting Constitution? Is there hne which declares that the burden or the local court shall be imposed on tne | state Treasury which does not also sind a nlace in the existing Constitu- , ion? - .,
 MT. Kirk-I will say in answer to tbat question that this Is simply 2 part of the scheme or plan VIII cs. l it-I do not mean any dlsrespect py saving scheme-that question was ut the other day. I think embodyins tna' in the first seSaion is part or the nlan which appears later Tn Sectlohs and g. When was preparing my mi nority report on this question. l oNet looked the fact that this clause was in Section l, or l would nave Inaae minority to this section reported oy .hn conmittee and embraced that ir the minority report, I think Is IL d nart of a plan that seeks to nave the | .orrislature to create this number oi | conrts which I think is unnecessary l President Knox resumed the CndIr.
 Mr., Barefield-Will the gentleman permit a question! ,,;old
 President-Will the gentleman yielo to a question!
 | Mir Kirk-t'ertalnly.
 MT Barefield-I understand Dy your amendment you strike out the Woros twenty thousand" and insert 'i'' '' l thousand
 MT. Kirk-Yes. sir .,,
 Wr Rarefield-And insert seven mli, ,ions'' for three and g half millions isn't the principle just the same!
 Mir Kirk-Yes. sir. But further oi T rronose to show in my minority re- mort that in certain counties, m al counties where they have thirty tnou. | sand nopulation and seven millions o' aesessible property that the IegiS'd- .,,ro yvould be authorized to creatt court of the kind asked by the Coi"- nittoe in their report ,o,,,d NIr Rarefield-JTnder that you wou'" ho .,1linr for those counties with as, sessah hle property of seven milhoh anu | thirty thousand population to take ou. of inc State Treasury given anioun. !in | os ,,orav and not for other couhtieo 1 to do It? , r,ronosition.
 W, Rarefield proposition IS III favor of the greater, and against 'ii' Wr KnkAThat is my proposition eN- o,tiv ,vh,rever the assessaD!e value ol ,Sor+, and the number of popula- i an1 tha amount of business re- o,'ired if then a court should De ere atod Now. you take the plan oileIsu h, inc Committee. and under IL LII. oorntv of Lauderdale will De entlieu .o senarate court to transact the husiress of Lauderdale County. touds thc business of Lauderdale' Colpert FrankIin and Marion Counties IS doht b,, one Circuit Judge, who works little more than one-halt Of ms tune