The Montgomery advertiser., 1901-08-04


 the old.
 MT. watts-This provision in Section was put there for the purpose or changing the law as 1t now exists Un- der the Constitution of 1875, the Leg islature would have the right to estab- fish a special court in every county, and at every cross roads in this state. The purpose of putting this limitation there is that the people of the respec- tive counties, or the State Treasury. If the Legislature should so determine, should not be burdened with special courts except in such counties Of the State where the number of people and the amount of taxable property in the county justified the Legislature in gfv- ing a special court. The Committee had various and sundry propositions before it as to this limitation. One proposition was to make 1t twenty-five thousand of population and four million of taxable property; another proposi- ton was to make it of twenty-five thousand population and three million taxable property; and another that 1t should be twenty thousand of popula- ton and four millions of property; there were various and sundry proposi- tions, all looking to the limitation or the power of the Legislature in creat- ing new courts. As you know, in the past it has been the practice of the Legislature if the representative from a county said he wanted special court for his county. Senatorial courtesy or House courtesy. as the case would pc, allowed the representative from that county to govern in the matter. and they have established various and sum- dry courts Why. we have actually got A court in Alabama that has law. equity and criminal jurisdiction, where the judge does not get salary or sooV
 MT. Kirk-Is that paid by the State?
 MT. watts-No; and I do not think In any of these counties are paid by the State but paid by the respective coun- ties. There is another provision Tn here that they shall be paid by the State or by the county. It is for the Legislature to say, and the Legislature will evidently do in the future as 1t has in the past. wherever 1t establishes one of these courts, it will provide how the judges shall be paid. This IS limitation, instead of allowing the Leg islature to establish court in each or the sixty-six counties. or as said before, to establish an independent court at every cross roads in the States we simply say you shall not establish a Circuit Court except where there are twenty thousand persons in the county
 
 hundred thousand dollars worth or tax able property.
 MT. Kirk-what objection would you have to any county in the State having a court in that county regardless or US population or it's assessed value or property, if the county was willing eo pay the expense of the court!
 MT. watts-Simply because there IS no necessity, MT. President. and gentle men of the Convention, for having the Legislature fill the woods with of- ficers holding judicial powers m this State. The Committee has considered this matter in all it's phases. Under this provision, there are already eight counties in the State, as I understand, who have these special courts-thls gives twelve others the right to nave them.
 MT. Pillans-Not the right. but gives the Legislature the power to give IL to them.
 MT. watts-Yes. the right to the Leg islature to give it to them If any nec- issity should arise. We thought the provision as framed by the Committee a statutory one, a move in the right direction. and we think it should be adopted, and I, therefore, move to table the amendment of the gentleman rom Colbert
 The President pro tem-The question ,s on the motion to table the amend ment of the gentleman from Colbert.
 Upon a vote being taken, the motion | to table prevailed.
 MT. Sanford Pike)-I move the pre- vious question upon the section as re- l ported by the Committee.
 Upon a vote being taken, the main question was ordered, and on a further vote the section was adopted. The Secretary read Section 2 as fol- lows
 Section 2. Except in cases otherwise directed in this Constitution, the Su- preme Court shall have appellate 1u- risdiction only, which shall be co-ex- tensive with the State, under such re- strictions and regulations, not repug- nant to this Constitution, as may from time to time be prescribed by law, ex- cept Where Jurisdiction over appeals IS vested in some inferior court, and made final therein; provided, that the Su- preme Court shall have power to issue writs of injunctions, 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.
 Mfr. Smith (Mobile)-l move the adoption of that Section.
 | The PreS1denL pro teIIl-IHe OcCICldEy will read the minority report.
 The Secretary read the minority re- port as follows:
 The undersigned member of the Com- mittee on Judiciary does not concur In the report of the majority of the Com mittee in recommending the adoption of Sections ? and of said Report.
 I object to the adoption of Section 2 of said Report for the reason it em- | powers the General Assembly to create an intermediate Court of Appeal. which | in my judgment is unwise. The ob- | ject of the majority of the Committee | is to furnish relief to the Supreme l Court. The relief needed can be fur nished when necessary by increasing the number of Associate Justices. I object to the creation of said Court for | he further reason there will be ire conciliable conflict in the decisions of | this and the Supreme Court which would render the law uncertain on many questions to the great annoyance | of the people. The expense of sustain | ing that Court will. in my judgment | cost the State about $50 per annum. l The addition of two Associate Justices to the Supreme Court will not cost more l than half of that amount. 1 therefore | offer as a substitute for Section the following:
 Section 2. Except in cases otherwise directed in this Constitution, the Su- preme Court shall have appellate juris- dction only, which shall be co-exten- sive with the State. under such restric- lions and regulations not repugnant to