The Birmingham age-herald., 1911-02-23
APPEALS COURT
 EFFORTS FO|LED Stevens Meets Resistance in
 Senate SET FOR WEDNESDAY Senator Spragins Introduces His Bill Providing for the Establishment of a Dispensary in Madi-
 son County
By BERRYMAN G. BETTY

By BERRYMAN G. BETTY
 Montgomery February 22.-(Special. Repeated efforts of Senator Tom Stev ems of Mobile and other legislators O Alabama to have a court of appeal established in this state were agai, foiled in the Alabama senate today when that body for the third time dis cussed the measure at length, bu passed it over for a future day. Con sideration of the measure today cam, up on report of the joint committed of the two houses which was appointe, to draft new bill, and the measur, as amended by the committee was mad, morning.
 After a full and free debate on the question which lasted for more thar an hour, Senator Atkins of Selma, sue. ceeded in having the bill again made special paramount order, this tim' for next Wednesday at noon. Furthe delay on the vote was asked for il order that the senators might have more time in which to investigate the bill as amended by the committee.
 An interested gallery followed the discussion with enthusiasm. the senti. ment in the lobby being that tho measure is one of the most constructive pieces of legislation before the two bodies.
 Dispensary Measure
 Senator Spragins of Huntsville to. day offered a dispensary measure foi the county of Madison, similar to the one under which the county operated prior to statewide prohibition. An other bill of interest which was today introduced In the senate was one by Senator Beasley which seeks to es- tablish state highway commission ir Alabama.
 Save for discussion on the court ot appeals measure, the calendar for the day was untounched at the morning session of the solons. Senator Sprott made an effort at the session to have his jury commission bill, as amended brought to the attention of the solons,
 Special Order for Day
 Senator Stevens reported in behalf of the committee appointed to draft the new court of appeals bill Considera- tion of the bill was made special order for 11:So o'clock, but the bill was not reached before 1145 o'clock.
 Amendment to the bill was offered by the committee, and explained by Senator Stevens. He stated that the jurisdiction of the appellate court had been extended over the original meas ure. No provision was made in tho measure for an appeal from the de- cision of the court to be established but regulations In the bill permit a reference of doubtful matters to the supreme court. The original bill was amended to strike out the words "a chief judge and two associates" and made to read three judges" The senior judge in every administration is made the presiding justice. Pro- visions were added to the bill for publi- cation of the opinions. The supreme court reporter is made the reporter of the appellate court. The attorney gen eral or his assistant are required td attend to state cases in the court of appeals.
 The measure was unchanged witt respect to the salary of the judges and to the succession of judges. Each Is to receive salary of $5O00, and each is to hold office for six years; the first court to be appointed by the governor and the second to be elected. Felony cases up to 20 years, all misdemeanof cases and damage suits up to $looo, according to the bill, to be taken t' the appellate body.
 Senator Beasley objected to passage of either the original bill or bill as amended He stated that no permanent good could result from such meas ure. He stated that the supreme court S field should not be invaded under any circumstances. q predict" he said, that if we pass this bill the time will not be far distant when we Will nave opposite opinions on some of the states leading questions-one bv the supreme court and another by the court of appeals.
 The speaker stated that confusiop and chaos would surely result. He cited the condition in New York as indicative of the probable situation h Alabama should the law be put on the statutes.
 Senator Beasley suggested that 2 commission from the legislature ough' to be appointed to investigate the mat ter more thoroughly In order that more adequate relief measure might be proposed. He expressed the fear that the bill under consideration might be operative against the states Jur isprudence, rather than for the good of the commonwealth.
 Already Counted"
 Senator Norman. who followed MT Beasley in opposition to the measure thought that the expense in establish ing such d court should not be author ized at the present time. He suggested that the vote pro and con on the meas sure was, in all probability, already counted.
 q suppose" he stated, that the un- derstanding already exists as to who the judges of the new court will be. I don't see much of the Supreme in such a court"
 The senator said that little more work on the part of the supreme court might relieve the congested docket. Or the circuit court judges, he said, might be given a little more work to do
 Ye Olden Judges
 Senator Stevens in closing debate on the measure referred to the opin- ions of the states supreme court ot several years ago as ranking with the opinions of any court In the United States. He said that the state was losing that prestige because of the fact that the present supreme court justices were overworked
 He reiterated the argument made ir feet that when judge must turn oui one opinion every two and half days he cannot give the opinion the atten- tion 1t deserves. He said that the pro posed measure sought to relieve such 5