The Montgomery advertiser., 1901-08-08
sIxrY-FIFTH DAY.
 MONTGOMERY. ALA.
Wednesday, August !, 1sO.

Wednesday. August 2. 1901.
 The Convention met pursuant to ad- 1ournment. was called to order by the President. and opened with prayer by Rabbi Messing. as follows:
 Almighty God. as we again take up the broken threads of our daily task. we look unto Thee for guidance and for light. We pray Thee let not this day be an empty page in the record of our deliberations. Let it be a day of progress, of progress gained not by combining lniquity with selffishness. but by establishing righteousness in honor. May a loftier conception of our duties here relieve the task from the dullness of routine, the dry rot of monotony. While we are assembled to- getheA emphasize and impress upon the people sense of the priceless value Qf all that in the Constitution for slekEh our fathers were willing to sacri- flee everything save their honor. May we so succeed in shaping this sacred instrument, this bulwark of liberty, that when it shall have been completed 1t shall lend renewed support to the f1a9. that flag which has never yet < been folded in defeat or has been dropped in reproach, but which has gone in great splendor to the uttermost parts of the earth, where men bow in slavery, where women weep. where cruelty and greed are entrenched in the power of ancient fraud, bringing unto every one liberty, equality and fraternity. May we be faithful to the end to our large and sacred trusts. and never shame the greatness of our price, less opportunities Amen.
 Upon a call of the roll Sl delegates responded to their names.
 The Committee on Journal reported that the Journal for the sixty-fsurth day had been examined and eound cor rect. and the report was adopted.
 Mir. Dent-I gave notice on yester- the section that had been offered to the report of the Judiciary Committee. which was adopted by the Convention. [ will read the section;
 "The Legislature shall have the power to abolish any court except the Supreme Court or the Probate Court, whenever necessary from any cause. or it's Jurisdiction and functions have been conferred upon some other court.
 Upon reflection, it seemed to some or the delegates that perhaps that was going almost too far. While l agree that the Legislature under certain conditions ought to have authority to abolish certain courts, I will read to the Convention, if the motion to re- consider is adopted, which l make. the section as 1t will read as amended. l propose to offer an amendment to it. striking out these words necessary from any cause or" so that the section if amended will read aa follows: The Legislature shall have power to apol- ish any court except the Supreme Court or Probate Court, whenever its juris- tiictions and functions have been con- ferred upon some other court" l think that is enough to say upon the subject. It makes it simple and plain.
 I now move that the vote by which that particular section was adopted, be reconsidered.
 MT. Oates-when I drafted the sec- tion that was adopted, I had some lit tie doubt about whether it was not too broad to use the very words which my friend. the delegate from Barbour, proposes to strike out, and upon re- fiection. I have no objection to the section being reconsidered and thus amended. It is probably right.
 MT. Coleman (Greene)-The amend ment offered by the gentleman from NBarbour will harmonize the whole theory of our Judicial system. It pro- vides that counties of a certain popula- tion may establish courts. and then re- iieve them from being included in any t circuit or chancery division. It Is too radical to authorize the Legislature at discretion to abolish court of record established by this Convention, but when counties have been removed from any chancery division or any clr- cult, then it is right and proper that those circuits and divisions be retired or else the counties left added to other circuits and divisions. and if you adopt the amendment offered by the dele
 "a urh will harmonize and we will accomplish what we ought to accomplish. l hope the vote will be reconsidered and the amendment of the gentleman from Barbour adopted.
 MT. Walker (Madison)-I favor the motion made by the gentleman from Harbour to reconsider the vote by which a new section was added on yesterday. My reason for favoring 1t is do not believe that. under the plan presented by the Judiciary Committee and as has been adopted by this Con- vention a provision of that kind IS necessary, as under that plan it was left to the Legislature to supply the pIace of the Chancery court or or the Circuit Court in counties where sep arate court was needed. and in those counties to get rid of the useless ex- pense of a Chancery Court or a Circuit Court.
 MT. Coleman-It is your opinion then that this amendment does nothing more than make clear the provision already accepted? =.
 MT. Walker (Walker)-Yes sir.
 MT. Coleman-It is my view ana therefore I move its adoption.
 MT. Walker-I would not of1er any objection to the anne mendment proposed bv the gentleman from Barbour, as think the amendment offered by the xentleman from Montgomery went be- yond any necessity of clearing up what was meant by the Judiciary report. l hope the Convention will reconsider 1t.
 MT. Boone-I move the previous ouastion on the motion to reconsider.
 Iypon a vote being taken the main uuestion was ordered.
 The Prestdent-The question is on the motion to reconsider the vote whereby this section was adopted.
 Upon a vote being taken, ,the motion prevailed.
 MT. Dent-I send up my amendment.
 The amendment was read as follows:
 Amend section adopted yesterday giving the Legislature power to abolish certain courts by striking from said section the following words necessary from any cause or so the section is thus amended, will read as follows; The Legislature shall have the power to abolish any court except the Sunreme Court and Probate Court
 lee inrisdicfjOn and func-