The Montgomery advertiser., 1901-08-13

Hinson. stewart 4 Howeil. Tayios. Howze. ThomDson
 Jones. of HAiA Wsakiey, King. weatkeriy,
 Kirk. WhItA
 Kirkland. whitestds.
 Kyle. Witle4
 Lsdbetter.
 The Article was adopted. crds1eG printed and referred to the C3uamittoe on Order. Consistency and Hrrmony.
 MT. Burns sought recogniti3n.
 The President pro ten-The Chair will say to the gentleman from Dallas that there Is another article to be read, and he will recognize the gentleman from Dallas as soon as that Is read Tho Secretary will read the Article on the Judiciary.
 The Secretary read the Article as follows:
 JUDICIAL DEPARTMENT.
 Section 1. The judicial powers of the State shall be vested in the senate sit ting as a court of impeachment, Su- preme Court. Circuit Courts. Chancery Courts. Courts of Probate, such courts of law and equity Inferior to the Ssl- preme Court and to consist of not moro than Ave members as the Le9islature from time to time may establish, and such persons as may be by law invested with powers of judicial nature; but no court of general Jurisdiction, at law or in equity, or both, shall hereafter be established in and for any one county having population, of less than 10000 or property assessed for taxation at a less valuation than $3.so0.000
 Sec. 3 Except in cases otherwise d. rected In this Constitution, the Su- preme Court shall have appellate juris- diction only, which shall be coextenstyo with the State, under such restrictions and regulations. not repuRnant to thas Constitution. as may from time to time be prescribed by law. except where 5u- some inferior court and made the Supreme Court shall have power to issue writs of in- junction, habeas corpus, quo warranto, and such other remedial and original writs as may be necessary to give 1t a general superintendence and control of inferior jurisdictions.
 Sec. 3. The Supreme Court shall Dc held at the seat of Government. but if shat shall become dangerous from any cause, 1t may adjourn to another place.
 Sec. 1. Except as otherwise author ized in this Article. the State shall De divided into convenient circuits. For each circuit there shall be chosen q judge who shall for one year next pre- ceding his election, and during hls con- tinuance in office. reside in the circuit for which he is elected.
 Sec. 5. The Circuit Court shall have original jurisdiction in all matters civil and criminal within the State not oth- erwiss excepted in this Constitution: but in civil cases other than suits for libel, islander, assault and battery, and ejeotment. shall have Jurisdiction only where the matter or sum in contro- versy exceeds $50.
 Sec. 6. 4 circuit Court or . court having the Jurisdiction of the Cironit Court, shall be held In each county In the State at least twice in every year. and judges of the several courts men- tioned in this Section may hold court for each other when they deem 1t ex- pedient. and shall do So when directed by law. The judges of the several courts mentioned In this Section shall have power to issue writs of injunction returnable in the Courts of Chancery. or courts having the Jurisdiction Of Courts of Chancery.
 sec. :. The Legislature shah court or courts of ehancery. with original and appellate Jurisdiction. except as otherwise authorized in this Article. The State shall be divided by the Legislature into convenient chan cery divisions, each division shall be di- vided into districts, and for each di- vision there shall be Chancellor. who shall have resided for one year next preceding his election or appointment, and at the time of his election or ap- pointment, and during his continuance in office, in the division for which he shall be elected or appointed.
 Sec. s. A Chancery Court. or court having the jurlsdicton of the Chaneery Court, shall be held in each district, at place to be fixed by law. at least twice year. and the Chancellqrs may hold court for each other when they deem 1t necessary.
 Sec. 9. Any county having a popu- lation exceeding 10000 according to the next preceding Federal census, and also taxable property exceeding $3,500, 900 in value. according to the next preceding assessment of property for State and county taxatlon. need not be included In any circuit or chancery division; but If the value of it's taxable property shah be reduced below that limit or if it's population shall be reduced below that number. the Legislature shall not in- clude such county in circuit or chan cery division, or either embracing more than one county. No circuit. or chancery division shall contain less than three counties, unless there be em- braced therein county having a pop ulation exceeding 10000 and taxable property exceeding $S. 500. 900. The Leg islature may confer upon the Circuit Court or O. the Chancery Court the jurisdiction of both of said courts. In counties having two or more courts of record. the Legislature may provide for the consolidation of all or any of such courts Of record. except the Probats Court, with or without separate di- visions. and an appropriate number of judges for the transaction of the busi- ness of such consolidated court.
 Sec. 10. The Leg.slatur shall have power to establish In each county w4th- in the State a court of probate, with general Jurisdiction to grant letters testamentary and of admfnisrat ton, and O. orphans business; provided, that whenever any court hav- ing equity powers has taken Jurisdiction of the settlement of any estate. it shall hove power to do all things necessary for the settlement of such estate, including the appointments and removal of administrators, execu- tors, guardians and trustees, and in- cluding action upon the resignation of either of them.
 Sec. Il. The Justices of the Supreme Court, Chancellors and the Judges of the Circuit Courts, and other courts Of record, except Probate Courts, shall, at stated times, receive for their services