The Birmingham age-herald., 1911-02-09
DEBATE IN SENATE
 . ON COURT OF APPEALS
Vote on Measure Delayed Un-
 til Friday
OPPOSITION IS SHOWN
Some Senators Contend That State's Work Is Not Heavy Enough To Justify and Others Object To
 the Extra Expense
BY BERRYMAN G. BETTY

Bt BEHRl MAN G. BETTY Montgomery. February S.-(Special.) The livest question which has con fronted the Alabama senate came up in that body today. when Senator Ste vens called off the calendar his meas- ure to establish a court of appeals in Alabama. After a heated debate on the question, decision was reached by a majority of one vote to have the bill made a special order for Fridays ses- sion. at which time the effort to se- cure the court will be renewed.
 Oppositoin to the measure developed on the ground that the relief afforded in the bill might not prove adequate to satisfy the needs The matter of expenditures, too, proved casus befli inasmuch as it was shown that estab- |lishment of the court would , bring about an annual expenditure of about s20, 900.
 Friends of the measure, and several of the senators who had not committed themselves on the question. were of the opinion that the need for such court is a manifest one and that with In year it would be imperative De- spite addresses to this effect however, a motion to have consideration of the measure postponed prevailed by a bare majority.
 A motion to postpone consideration of the measure until next Wednesday was lost just prior to vote on the meas ure to postpone action until Friday.
 Fast Opposition
 Discussion of the bill to establish the court developed fast opposition Senator Stevens, author of the meas ure urged it's passage using as his chief ar serftr,1 1ar1f f1a court Is overcrowded with work.
 Senator Beasley spoke against the measure, believing that the relief sought would not be accomplished. He stated that the lawyers of his section were against such a measure as the one before the senate.
 Senator Sherrod said the bill was a wise one, and should by all means be passed. He declared that it Is an inn possibility for the supreme court justices to keep up with their docket
 Senator Crumpton said that he believed that the best motives prompted introduce tion of the measure, but that the expendi- ture bordered on the extravagant He said that the court would cost the state in the neighborhood of s2o,00O per year.
 Statistics Cited
 Exception was taken to the expenditure matter by Senator Fite, who spoke on the a [. He cited statistics on the work of the Alabama supreme court, showing in numerical way the work of the justices during the past 10 years. The remedy, he said, did not appeal to him as req sonable. He said that he preferred the employment of additional clerks and sten- ographers when the work becomes too heavy.
 Senator Norman stated that an increase in the number of courts increases the number of cases. He stated that the salaries of the justices have already been increased "As a practical business prop osition." he said T would not establish such an institution. It is easier for us to increase the expenses than to decrease them"
 Senator Moody said that he had not had time to give the measure the critical care which it demands, but T can see," he said that the measure is one of the most important ones which has been brought to the attention of the legisla- ture." He said that he was inclined to give whatever relief should be needed. Something. he said, ought to be done to prohibit such congested dockets as now obtain The senator stated that the su- preme court of the state ought to be so regulated as would enable the justices to do their best work. He thought that for one justice to deliver as many as 112
 
 goal little too far.
 ''There is some relief when cases are decided in circuit and other courts" he stated, but the relief is a long time de- layed when the supreme court passes firally upon a question. Those men should not be crowded too fast. There is too much chance to do an injustice, and we should avoid this by all means" The speaker stated that he did not know what the proper remedy was, but urged that something ought to be done. He thereupon moved that the bill be made special order for next Wednesday.
 Objects To Delay
 Senator Stevens objected to longer de- lay on the ground that the legislative time is fast flying. He said that lawyers of the state were anxious to have the court established at an early moment. Moreover, he anticipated fight on the court in the house of representatives.
 The author of the bill thereupon added to the picture drawn by Senator Moody by calling attention to the vast amount of work required of its justices. He stated that the justices had to average one opinion a day in order to accomplish the work.
 Senator Spragins said that the measure struck him as ''crude one," and as one which should not be passed in its present condition. The question of expenditure, he said, should not be set aside lightly He declared himself of the opinion that net many opinions were decided badly because of too great hurry. Regarding the appropriation, 'it seems to me" he said, that the matter Is one which out of common honesty ought to be given mature deliberation." The senator con cuded by moving that the bill be recom- mitted to the judiciary committee.
 Senator Stevens moved that the mo- tion be tabled, which prevailed by vote of 17 to 16.
 Senator Moody thereupon moved that the bill be made special order for tomor- row. Senator Stevens again moved to table the motion which was lost.
 Owing to the fact that Senator Stevens cannot be in attendance at tomorrow's session of the senate, the motion was amended to have the bill made special