The Montgomery advertiser., 1901-07-10
Mr. Ashcrsft--.i esaect snsxsr 1ks

Il
 question
 Mr. O'Nsal--Not at aiI. Mr. Sanford (nontgomery)-I vil1
 to make the suggestion that this dte~
 cussion upon inc striking out of the
 ninth sub-divisiof has degenerated in-
 to . question of local option, or antt-l
 local option. dispensary or anti-dispeu-
 sary. If you strike that out. this conn- mittee on Local Legislation was con-
 stituted in vain. You might strike out
 every one of the twenty-six sub-dtvis-
 ions there where you say the Legisie- | ture cannot act. because you can exs | empt every enc of them on the ground that it Is merely local question. | suggest that the motion of the gentle man from Clarke be laid upon the t4- ble. It strikes out the whole ob3eet of the Comnittee on Local LsGislatfon. | I withdraw the motion if MT. Watts | wishes to make any remarks.
 | MT. Smith (kobflel--So fsr as I am concerned. hardly know what the | limitations of this provision are. have not given 1t any very great con- | alteration, but 1t sssrus to me that | there areQuite a number of Queetfone | that will arise and create Q diuculty
 which we will not be able to sbviats.
 Take. for instance. the question of ars
 ranging the judiciary of this State. If I ' 1t Is going to be arranged so as t0 meet tbe views of at least twenty-five dif- | fsrent portions of the State, nor do | know about the other seventy-6ve por- tions. Certainly, on the Committee on | Judiciary the lawyers from seventy -nvo | different portions of the Stete seen | to want different Arrangements In re- gard to the judiciary. and If thoss sev- enty-flve portions of the State of Ala | lA K~ 1 smpted from a general statute. it seems | to me that according to the sad seoftes | I have heard. we will be in . dspiora- | ble condition in that respect at any rats. a
 Take, for instance. the passase of general law dividing the State into az many judicial circuits. and previein9
 that each such circuit shall contain . definite number of counties. ana then leave this section in. that no county can be exempted from that law, ana one of two conditions will sgist; either yeu win have Circuit Courts ana Chan cery Courts In certain counties fhat have no use for them and which ara | fully provided for by these inferior courts or else you would have to aban- ! don . system which seems to nave grown ip favor. that of having sspAfete and special courts in certain counties Il sufllcient population to maintein suoh separate courts. New. as undsrseand the experience of the bar In this etAte. 1t has been that these special courts | for such counties as-are ahle to main | tain them, have become . great con- venieace, and these counties would not do without u em under any crcum- stances. yet with this provision. we win | either fasten for ail time upon these
 counties a double judiciary. which is entirely unnecessary. or strike down this special system that has obtained such favor among the people. The same condition of affairs exists as to the Chancery. Court. Then, take it. there Is feeling in this Convention that there ought Co be some elasticity about the system, 90 that common law juriss
 diction in some cases could De confer red upon the Chancellor, and chancary Jurisdiction upon the common law Judges. That, however. could only be | done in a certain number of counties. It would be practicable only where
 aome special arrangement was made with regard to that particular terri- | tory. Under this provision. as l under stand 1t, no such arrangement could | be made And from what have heard. the JNstice of the Peace. who has been a subject of much anguish and tribu- | lation among the fraternity in this Convention, some unwilling to do any hardship to those gentlemen who oc- cupy that exalted position, while otn-
 CTS are willing to consign their names to perdition. There will necessarily have to be some special provision in re- gard to that matter In one portion or the State, and another provision for ar- other portion of the State. That, as understand 1t, under this section, could not be done. Then. again. the quaran- tine law has been suggested-
 | Mir, O'Neal-If the gentleman will al- low an interruption. suppose an amend ment striking out the words county. l township, municipality" Is onersc. would not that meet your objections7 MT. Smith (Mobile(-It will meet ey- cry objection that have.
 | MT. O'Neal--And insert the word | "priyate" before corporation"
 | MT. weatherly-That is the enect of my amendment.
 Mr. Harrlson--with the gentleman's | permission, I would like to suggest to
 him along that line, of strik- ing out the word person ana 1 inserting the word individual" ana striking out the words county. | township and municipality" and we | would have the same provision thNt IS | in tine present Constitution. in Section | % of Article 4.
 Mir. smith (Mobile)-0f course do | not know what is the sense of the Con- | yention in regard to that matter. 1T an amendment to that effect Is adopted. | I shall certainly have no objection tQ the provision. but If 1t stands as 1t is without going into the details. Will l call attention to the fact that the quarantine law cannot be uniform. If you were to undertake to fasten upon Mobile only such quarantine laws or provisions as are necessary for other portions of the State. neither ourselves nor the balance of the State would be protected. We must have something beyond the general provision. If, on | the contrary. you should fasten on ths | whole State the provisions which are necessary in order to guard the en- trance, why you would have the whole State subject to unnecessary hardship5 and restrictions. The question of dis pensary has been discussed by others> Then there is the question of the jury law. In the County of Mobile we have a special jury law. one that has work ed to very much greater satisfaction, than the general laws of the State. whether 1t could be operated in other counties, doubt. Our own courts have not been in favor of enforcing the special jury laws that prevail in Mobile County, knowing that the other counties are not situated as that coun- ty Is. should certainly feel it q
 great calamity to strike down such Al