The Montgomery advertiser., 1901-08-07

and in reference to this inferior court occupied many hours of consideration by the Committee on Judiciary, the final result after very much discussion and hearing the idea of all persons con- nected with that Committee. was the Section, which has been presented, the objection of this Section is simply this: that instead of having in towns of 2.500 inhabitants. several Justices of the Peace. exercising their Jurisdiction, the Legislature should have the power to create an inferior court to take the place of all of the Justices of the Peace, within such town. Now, mark you, that the policy of this Committee, and I may say the policy of this Con- vention. because they have adopted that much of this Committees report, is that there shall not be established by the Legislature of this State inferior courts in counties which have less than 20. 900 population and $3,500,000 of tax able property, so that the Committee in recommending this inferior court to take the place of Justices of the Peace and Notaries Public with powers of the Justice of the Peace, meant to simply engraft an exception upon this first Section which is contained in their report, and the object was not to give the Legislat ature the right to estab- fish in every town that had 2,500 ln- habitants an inferior court with gem eral Jurisdiction, or with the jurisdic- ton either in equity or at law, but the intention of the Committee was to simply substitute for lot of Justices of the Peace and Notaries Public with powers of Justices of the Peace, one person. who should be learned in the law. and who throughout the towns and throughout the precincts which were partly within and partly without that town, exercise the same jurisdiction that the collective Justices of the Peace would otherwise exercise. I do not think it would be d good idea to say that the Legislature should give
 this inferior court such powers as they might see proper, because if we adopt ed that amendment, that would in eff feet nullify the first Section of this re- port. I do not think that tt would be right to the State to say to the Leg islature, you may establish m inferior court in each of these towns apc give them what jurisdiction you please be- cause that would be giving the Legis- lature the right to multiply the very evil which the first Section of this re-
 porx condemns. therefore the amend
 men. of the gentleman from Marengo sht uld not be adopted.
 Now. the gentleman from Macon says give them jurisdiction to the extent of $250. Then you would have this state of affairs: You would have a lot of in ferior courts established in towns of 2,500 people which would have concur rent jurisdiction with the Circuit Court
 of all amounts up to $25O. except in cases Of lSnel. islander and ejectmeni.
 Now. that is not the object of the Com
 mittee.
 Mr. Williams (Marengo)--I would like to ask the gentleman from Montgom- cry if they are to take the place of
 the Justices of the Peace, if these in ferior courts would not be subject to
 the jurisdiction Of the Circuit Court ? If they are simply put in the place of
 Justices of the Peace, why should they
 not be- subject to the jurisdiction of Circuit Courts, tbat is what Section 29 says, and
 Mir. Watts-I will answer the gentle
 man if he will let me. Because now
 the Justices of the Peace have jurisdic- tion up to $100, and the Circuit Court
 has jurisdiction about $50 and yet ev- cry lawyer knows that Justices of the Peace and the Circuit Courts have con-
 current jurisdiction for amount over
 $50, although you can appeal from the Justices.
 MT. Cobb-Can't you appeal here. MT. Watts-There is no provision
 made for appealing here.
 MT. Williams-Yes, there is, if you
 will put it in.
 Mr. Watts-Let us keep to the ques- tion. The simple question is this Shall we substitute an inferior court for all of the Justices of the Peace | and all the Notaries Public with powers of justices of the peace within towns | of 2,500 inhabitants. Now the commit tee say that We agree to that provided | the jurisdiction of this inferior court shall be what the Jurisdiction of those | justices would have been All of this matter that these gentlemen are dis | cussing here was discussed in the com
 mittee. It was proposed in the com | mittee to make this very amendment | offered by the gentleman from Maren- | go. It was well considered, and it | was voted down as unwise. Why, then. | If we are going to open the gates, if | we are going to establish these in | ferior courts of such jurisdiction as | the Legislature may give them, or with $250 jurisdiction, should We adopt | the first section of this article limiting l the power of the Legislature to estab- l fish these courts.
 Something was said about criminal | jurisdiction. We don't want to put in | to the Constitution anything about criminal jurisdiction. It never has been | there, and We don't want to recognize | in this Constitution the jurisdiction of | these justices of the peace or these in | ferior courts in criminal matters. The
 Legislature had power before to give | justices of the peace criminal jurisdic- | tion in a certain manner. and we pro pose to leave that untouched so that | hereafter the Legislature can do what | they please in that matter l do not | think either of these amendments | should be adopted, unless we go back and say the gates are wide open and | the Legislature may establish inferior l courts with plenary power to every cross road in Alabama. .'.." MT. Willams-Did l understand you
 to say the right of appeal was not pro | yided for in these inferior courts? MT. Watts-I do not know what you
 understood. If 1 said so l made a | mistake.
 The President pro tem.-The question
 is upon the adoption of the amend
 ment.
 MT. Vaughan-I have a substitute to offer for the section and amendment. The substitute of MT. Vaughan was
 read as follows:
 "There shall be elected by the quail fled electors of each preclnct in the
 counties, not exceeding two justices of
 the peace and rone constable. Such | justices of the peace shall have juris- | dction in all civil cases wherein the 1 amount in controversy does not ex-