The Birmingham age-herald., 1912-01-29

taining juries for one court would be less
 than the three courts.
 Of course the creation of this court
 would not abolish the fee system entirely,
 there would still remain the sheriffs office
 and tho judge of probate maintained by | fees, but this would go far toward elrt,-
 mating the system which MT. Bowie de-
 clares to be "a menace to good govern
 ment."
 , There are difficulties in the way of the
 creation of shch court, but they are not insurperable.
 Those men who are beneheiaries of the fee system will no doubt oppose it with strong. organized resistance, but the strong public sentiment in favor of the reform that has been growing for sev-
 eral years will easily overcome such op- l position.
 The chief difficulty in the way has 1 been supposed to be certain constitu- l tional provisions created by the friends
 and benehciaries of the fee system and l incorporated in the constitution for just 1 such occasions as have now arisen. Sec 1 ton 2S1 of the constitution provides. "The salary, fees, or compensation of any off cer holding any civil office of profit un- l der this state or any county or munich l pality thereof shall not be increased or diminished during the term for which he shall have been elected or appointed" l Section 104 provides that the legisla- i ture shall not pass local, private or | special law creating, increasing or de- creasng fees. percentages or allowances of public officers.
 Ii will be seen from these provisions that the officers fees cannot be disturbed during his term and when a candidate for sheriff or probate judge spends about
 S20,0OO to get elected according to our
 good old county custom, the legislature
 cannot cut down bis fees. These constitutional provisions, how | ever, do not stand in the way of the creation of an entirely new court under a bill providing salaries for it's judges | and clerk and his assistants. The bin I should also provide for a reasonable cost l bill and for the payment of all costs except the sheriff into the treasury. The l sheriffs costs may he converted Into the treasury under bill putting the sheriff | on a salary to take effect after the ex- piration of the term of the present in- cumbent.
 The bill creating this new court may be framed under our present constitution by virtue. of section III of the constitu- ton. which reads "The legislature shall have the power to abolish any court, ex- cept the supreme court and the probate court. whenever the jurisdictions and functions have been conferred upon some
 other courts"
 Section t47 of the constitution provides
 that counties with the population and
 taxable values Of Jefferson need not be included in any circuit or chancery divi-
 sion, but if there should be any doubt
 about the power of the legislature to
 abolish the chancery and circuit courts
 in this county their terms could be re-
 duced to a minimum and such courts
 could be added to other circuits or divisions Under such an arrangement
 these courts would not interfere with the
 operation of the reforms herein outlined
 by the creation of the one general court
 for Jeffedson county
 Of course. such a bill as suggested
 would not change the fee system in the
 sherf's office, nor in that of the pro- bate judge but 1t would go long way toward much needed relief and the neces.
 sary changes in these offices would fol- low as soon as 1t can be constitutionally done.
 In my opinion the chancery court of Jefferson county could be abolished Sec ton of the constitution which provided that a chancery court must be held in each district at least once In each year has been changed in the last constitu- ton to read, "a chaneery court or a court having the Jurisdiction of cham cery court" and these words may be satisfied in meaning by the ehancery Jurisdiction conferred on the new court
 herein outlined.
 Tn the bill proposed the present judges
 could of course, be made judges of the new court, and the court go into imme- diate effect. c. B. POWELL.
 Birmingham. January 27, 1912.