The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-10-21

length OF time, NANHNNN wy
of an appeal, except TO the circuit
court. No mans property, liberty or
character ought 70 he subjected to
such a risk of mistakes As necessarily
attends Jury trial. without chance
for correction of material errors by
the highest court Of the state.
II also gives the supreme court
appellate jurisdiction in habeas
corpus eases when not originally
brought in that court.
SEC. Il. Gives the circuit court
final appellate jurisdiction Of misde-
meanors and civil cases tried III the
court Of record. Since the court of
record has jurisdiction up to $1,000. 1t
seems that in case involving so
large a sum. an appeal 10 the supreme
court should be allowed direct from
the court of record.
SEC. "A. This section provides in
the original constitution, for the crea-
ton of a criminal court of record in
Escambia county, and such other
counties as a majority of the regis
tered voters may petition for it, and
the legislature may deem expe-
dent"
Now this amendment provides that
upon the application of a majority
of the registered voters of any coun-
tv in this state, the legislature shall
| establish a court of record.
All that Is necessary TO get the
court is to present a petition for it to
the legislature signed by majority
of the registered voters. How easy!
The legislature must then establish
the court, and the governor appoints
the Judge, who is paid salary by the
county, which in Marion would be
| 81, 900 per annum.
SEC. -. This fixes the jurisdic-
ton of this court of record as ex-
elusive of all criminal cases, not
capital, all cases at law where the
demand or value of the property does
| not exceed $1,000. Since IS per cent.
OF the common law cases involve less
| than 5000, this takes from the cir
cult court nearly ali OF its work.
SEC. 26. Fixes six terms a year
for this court.
SEC. %. Provides for a prosecut'
ing attorney to be named by the
county solicitor" and appointed by
the governor. Since there is no such
afice as county solicitor, possibly II
means county prosecuting attorney
but that Office exists only in the few
counties that have criminal courts o.
record, hence in nearly all the coun
ties there would be no one to name
the county solicitor.
SEC. IS. All offenses are triablt
bv information. No grand jury needed
but indictments returned into the
circuit court may be tried in thi
court.
This puts too much power for wrong
doing in the hands of one man.
SECS. %, 80 and 81. Are not very
material.
o SEC. 81. Provides that a petition
] of a majority of the registered voter
q is necessary to establish this court.
lido not see that this court is need
y ed in this state. We now have NOR
a | circuit COuIIS lIldil VIC tlCCNAJ oAAN VIZ
y can easily do all the business.
q 1 think this amendment should b
defeated.
n ARTICLE XVII.
? SEC. 20. Article 3,of the constitutio
): prohibits special or local laws in ce
II tain enumerated cases, but exclude
Ie from this prohibition certain laws e
lie fecting municipalities Gowns al
s. cities.)
Now this amenment proposes
prohibit the legislature passir
Ill special or local laws regulating Il
l. jurisdiction and duties of municip
u officers, regulating the practice
at municipal court, assessment al
t. collection of municipal taxes, openii