The Montgomery advertiser., 1901-08-31

. of the burdens by reason of our grace in extending so broadly these privi- leges. immunities and rights. l will .Ioi argue the quesrion iur.ner. Dui hope this Convention will see fit to con sider this ms tier.
 MT. Boone-This is identical and Sec ton 34. which we have adopted. IS word for word the same as Section 36 in the Bill of Rights of the Constitution of 1875. We have not felt any great evils under the Constitution of 1875, owing to this provision. that the bona fide residents of this State shall enjoy the same rights in respect to- the pos- session, enjoyment and inheritance of property as native born citizens. Sure ly we do not want to go hack into that period of prejudice. or anything that smacks of it.
 As a gentleman suggests. 1t Is confin- ed to only bona fide residents of this State. know in my native city of many foreigners, have one in mind who married a lady of distinguished family of this State. and has many children. They live there. That has been his place of residence for over 25 years. He has bought property there and educated his children there and his children are citizens of the United States.
 MT. Cobb-If that is true. why does not this man become a citizen of the State?
 Mir. Boone-Because he Is a represen- tative of the German empire as Consul for Germany. Now. without further debate. move to lay the amendment upon the table.
 Upon a vote being taken. the motion to table the amendment prevailed. Mr. Spraggins-The Committee de- sires to make some small corrections, and they ask unanious consent to do so. | In Article VI. on the sIs;dicial Depart words nave" and Jurisdiction" we | ask leave to insert the word "originap so that 1t sh6ll read, it shall have ori- ginal Jurisdiction only where the mat | ter or sum in controversy exceeds fifty | dollars
 | Mir. Smith (Mobile)-I have been looking at that and have conferred with some of the members of the Judi ciary Committee and they ask unani- crept in in changing the phraseolosy of the old Constltution. and the Com- mittee think 1t would be better to have the word 'only' stricken out and in place inserted the word except" Then the words mo original should be in- serted after the word have | MT. Spraggins-The Committee &C., cepts the suggestion made by the chair man of the Judiciary Committee. The correction will be in the latter half of | line 24. and when corrected, 1t will read shall have no original Jurisdiction ex- cept where the matter or sum in con | troversy exceeds fifty dollars Unanimous consent was given, and l the amendment ordered.
 MT. Spraggins-Now on page 3S, line ' we ask leave to insert after the word "and" in tho middle of the line the words with power" so that 1t will read "the Legislature shall have power to establish in each county a court of probate. with general Jurisdiction of orphans business, and with power to grant letters testamentary and of ad- ministration."
 The consent was given, and the amendment ordered.
 Mir. Spraggins-Now on page 40. line 25. after the word rendered" we ask unanimous consent 10 add the words but for such incompetency," striking out the period after the word render ed."
 The President resumed the chair.
 The consent was given.
 Mir. Spraggins-On page AZ. line 8 we ask consent to put around the words "in the circuit" brackets.
 MT. Smith (Mobiie)-It seems to me the amendment should be made, doubt whether as written without the brackets the meaning of this provision is that he shall reside in a county in which there Is a prosecution or a coun- ty in the circuit n which there is a prosecution. In other words. whether it is sufficient that tEere should be a criminal prosecution in the circuit and he should reside In one of the counties, or whether 1t requires Him to reside in the county in which thSAe is a prosecu- ton. I think the amendment is neces- sary to relieve that ambiguity. The consent was gwen, and the amendment ordered.
 MT. Spraggins-Now l move the
 adoption of the article. and on that
 call the previous question. l The President-The gentleman from
 Madison moves the adoption of the
 article as reported, and calls for the
 previous question.
 MT. Wilson (Clarke)-I ask the gen.
 tleman to withdraw that a moment.
 The motion was withdrawn.
 MT. Wilson (Clarke)-I desire to offer
 a short amendment.
 The Secretary read the amendment
 as follows: Amend Section 12O on page |
 IA. after the words official terms" the T following: And the Circuit Judge:
 and Chancellors shall be paid mileage | not exceeding the amount actually paid
 by them for railroad fare in travelna
 to and from the terms of their courts. '
 The President-The question will be
 upon the amendment offered by the
 gentleman from Clarke.
 MT. wilson, just desire to say one
 word in reference to this amendment
 At the time we passed this judiciary
 article which did not provide foi
 mileage, we had not passed the "evif
 proposition .and we had not restricted
 the judicial officers from accepting
 passes.
 Mir. Foster-Don't you think the Leg
 Islature could allow that?
 MT. Wilson-They will have to trave
 for two years before the Legislature
 would meet in 1902.
 | Mir. Graham (Talledega)-Have you
 not known judges and chancellors ir
 this State that did not travel on passes
 and did not ask the Legislature fol
 any mileage?
 MT. Wdison-Yes sir. our Circuit
 Judge did. Mir Graham-Don't you think they all ought to do it, or resign? Mir Wilson--That Is another proposi
 ton. No. don't think they ought. Sc far as the question asked by the gen , tleman from Tuscaloosa is concerned (Mr. Foster). the gaQtlemen who } favored the abolition of the pass evil l were not willing to trust that to the and wa have abolished thai