sheriffs until the year 1907, and further provides that if a prisoner shall be taken from the custody of the sheriff and suffer death or great bodily harm, on account of neglect or cowardice, the sheriff should be impeached, should not be eligible to other office during his term. Sec. 138, pp. 104 and 105.

JUDICIAL DEPARTMENT.

Judicial power of state is vested in the senate, as a court of impeachment, a supreme court, circuit courts, chancery courts, courts of probate, and such courts of law and equity inferior to the supreme court as the legislature may establish, and such persons as may be by law invested with power of a judicial nature. The constitution of 1901 provides that no court of law and equity shall be established for any one county having a population of less than twenty thousand and property taxed at less than three and one-half million dollars. This last provision is not in the constitution of 1875. Sec. 139, pp. 105-107.

Supreme court.-The supreme court is given appellate jurisdiction and power to issue writs of injunction, habeas corpus, etc., so as to give it superintendence and control of inferior courts. Sec. 140, p. 108.

Supreme court shall be held at seat of government unless it shall become dangerous, then may convene at another place. Sec. 141, p. 109.

Circuit court.-State shall be divided into circuits, and one judge shall be chosen for each circuit. The constitution of 1875 limited the number to eight, unless increased by vote of two-thirds of the legislature, and that no circuit should contain less than three nor more than thirteen counties. This provision is omitted from the constitution of 1901. Sec. 142, p. 109.

Circuit court, jurisdiction of.-The circuit courts are given jurisdiction the same as in constitution of 1875, with the exception that the constitution of 1901 gives it original jurisdiction of suits for libel, slander, assault and battery, and ejectment where the controversy is more than $50. Sec. 143, pp. 109 and 110.

Circuit courts, time and place of holding.-Circuit courts shall be held at least twice a year in each county; judges may hold court for each other, and may issue injunction returnable to courts of chancery or to other courts having jurisdiction of chancery. Sec. 144, p. 110. Chancery courts, jurisdiction of. The legislature may establish courts of chancery with original or appellate jurisdiction, and the state shall be divided by the legislature into divisions, and each division into districts; there shall be one chancellor for each division. The constitution of 1901 excepts from the jurisdiction of chancery court cases otherwise authorized in the constitution, and fixes no limit upon the number of divisions, while the constitution of 1875

limited the number of divisions to three, unless increased by a twothirds vote of each house. Sec. 145, pp. 110 and 111.

Chancery courts, time and place of holding.-The constitution of 1901 requires chancery courts to be held twice a year, while the constitution of 1875 required it to be held but once. Sec. 146, p. 111. Counties having population of twenty thousand, and property assessed at three and one-half million dollars or more, may constitute a circuit or chancery division, and provides that no circuit or division shall contain less than three counties unless it embraces one county containing twenty thousand inhabitants, or having a tax valuation of three and one-half million dollars. Sec. 147, pp. 111 and 112.

Courts, consolidation of.—The legislature may consolidate circuit and chancery courts, and may consolidate the several courts of record in counties having two or more, except courts of probate, and may provide a sufficient number of judges. Sec. 148, p. 112. sion was not contained in the constitution of 1875.)

(This provi

Probate courts.-The legislature may establish a court of probate in each county with jurisdiction of orphan's business, granting letters testamentary and of administration. The constitution of 1901 further provides that when courts having equity jurisdiction have taken jurisdiction of the settlement of the estate, it shall have power to conclude the settlement the same as probate courts. This last provision was not in the constitution of 1875. Sec. 149, pp. 112 and 113.

Judges, compensation of.-Judges, except probate judges, shall receive such compensation as shall be provided by law, which shall not be diminished during their term, and they shall hold no office except judicial. Sec. 150, p. 113.

Judges of supreme court shall consist of a chief justice and any number of associates as may be provided by law. Sec. 151, pp. 113 and 114.

Judges, election of.-The judges shall be elected by the qualified electors of the state at such times as may be provided by law, except judges of inferior courts, who may be elected or appointed. Secs. 152 and 153, p. 114.

Judges, eligibility of.-Judges of courts of record shall be twentyfive years of age, and residents of the United States and of the state for five years, and with the exception of probate judges, shall be learned in the law. Sec. 154, p. 114.

Judges, terms of office.-Judges shall hold office for the term of six years, and until their successors are elected or appointed and qualified; this shall not be affected by any law hereafter made in any circuit or county. Sec. 155, pp. 114 and 115.

Judges of supreme court, time of election.-The constitution of 1901 provides that the chief justice elected in 1904 shall hold for

six years, and contains a provision that two of the associate justices shall be elected every two years thereafter. Sec. 156, pp. 115 and 116. Judges are conservators of the peace. Sec. 157, p. 116.

Vacancies in office.-Vacancies in the office of judges shall be filled by appointment of the governor. The constitution of 1901 provides that the appointee shall hold office until the next general election for state officers held at least six months after the vacancy occurs, and until his successor is elected and qualified, and that the successor chosen at such election shall hold office for the unexpired term, and until his successor is elected and qualified. (This last provision was not in the constitution of 1875.) Sec. 158, pp. 116 and 117.

Judges for new circuit or chancery divisions.-The constitution of 1901 provided that the judges for new circuits or new chancery divisions should be appointed by the governor, and if created six months before a general election the governor shall appoint a judge to hold office until the election, at which time a successor shall be elected. Sec. 159, p. 117.

Judges, incompetent disqualified; special, how selected.-If a judge or chancellor is disqualified or incompetent to try a given case, the attorneys of record may agree upon some one as special judge or chancellor to try such case, some disinterested person practicing in the court, and who is learned in the law, as a special judge. If the attorneys cannot agree, the clerk or register in chancery shall appoint a special judge or chancellor. Sec. 160, pp. 117-119.

Judges failing to attend court.-The legislature shall provide for holding courts when the judges or chancellors fail to attend regular terms. Sec. 161, p. 119.

Judges of courts of record shall not practice law in this state or federal courts. Sec. 162, p. 119.

Register in chancery.-Registers in chancery shall be appointed by the chancellor, and shall hold office during the term of the chancellor making the appointment. The constitution of 1901 provides that he shall be a resident of the district, and that the fees or compensation of registers shall be uniform throughout the state. (These last two provisions were not included in the constitution of 1875.) Sec. 163, p. 119.

Clerks of court.-Clerks of the supreme court shall be appointed by the judges thereof, and hold office for six years. Sec. 164, p. 120. Clerks of inferior courts shall be selected as the legislature may provide. Under the constitution of 1875 they were appointed by the judges of such inferior courts. Sec. 164, p. 120.

Clerks of circuit courts shall be elected by the qualified electors to hold office for six years. Vacancies are filled by the judge for unexpired terms. Sec. 165, p. 120.

Clerks of the supreme court and registers in chancery may be

removed from office by judges or chancellors respectively. Sec. 166, p. 120.

Solicitors. A solicitor for each judicial circuit or other territorial subdivisions shall be elected by the qualified electors of those counties, circuits, or divisions who shall be learned in the law, reside in the county or circuit for which he is elected, shall hold office for four years; shall receive no compensation except salary to be prescribed · by law, which shall not be increased during the term for which he is elected. Constitution of 1901 contains a proviso that it shall not abridge the term of any solicitor then holding office, and provides further that the legislature may provide for the appointment or election of a county solicitor. Under the constitution of 1875 circuit solicitors were elected by the legislature. Sec. 167, pp. 120 and 121. Justice of the peace.-Two justices of the peace shall be elected for each precinct. The constitution of 1901 provides that for each precinct within a city or town of more than one thousand five hundred inhabitants, that the legislature may provide for the election of two justices and a constable or an inferior court for each precinct so situated in lieu of all justices of the peace therein, and that the fees of justice of the peace and constables shall be uniform throughout the state. Sec. 168, pp. 121–123.

Notaries public; ex officio justices.-The governor may appoint a notary public with the powers of a justice of the peace in the precinct in which the election of a justice of the peace shall be authorized. Sec. 168, pp. 121-123.

Attorney-general.—The election of an attorney-general as provided by section 27, article 6 of constitution of 1875 is omitted from the constitution of 1901, p. 123.

Courtrooms, excluding persons from.-The constitution of 1901 authorizes the court to exclude persons from the courtroom not necessary in the conduct of the trial in prosecutions for rape and assault with intent to ravish. Sec. 169, p. 123.

Style of process shall be "the State of Alabama," and shall conclude, "against the peace and dignity of the state." Sec. 170, pp.

123 and 124.

Courts, abolition of.-The legislature may abolish any courts except the supreme court and probate court. (This provision was not contained in constitution of 1875.) Sec. 171,.p. 124.

The constitution of 1901 provides that the article on judiciary shall not abridge the term of any officer then in office. Sec. 172, p. 124.

IMPEACHMENTS.

Section 173 of the constitution of 1901 provides for the impeachment of executive officers and justices of the supreme court by the senate sitting as a court of impeachment on articles preferred by the house of representatives, and enumerates the grounds for impeach

ment, and provides that when the governor or lieutenant governor is impeached, the chief justice, or in his absence, an associate justice, shall preside over the senate during the impeachment, and directs specifically the mode of impeachment for the several officers mentioned. Sec. 173, pp. 124-126.

Chancellors, judges of circuit courts, judges of probate courts and judges of other courts from which an appeal can be taken to the supreme court, solicitors and sheriff may be impeached by the supreme court under regulations to be prescribed by law. Sec. 174, p. 126.

Clerks of the circuit court, or courts of like jurisdiction, criminal courts, tax collectors, tax assessors, county treasurers, county superintendents of education, mayors, and intendants may be impeached by proceedings in the circuit court or other court of like jurisdiction in which such officers hold office under regulations to be prescribed by law. Sec. 175, pp. 126 and 127.

Penalties.-Sec. 176, p. 127, provides penalties for impeachments.

SUFFRAGE AND ELECTIONS.

There has been a greater and more radical change in this article of the state constitution than in any other. There is no doubt but that an amendment of this article called forth the new constitution. Fraudulent elections in the state, or in portions thereof, had been (or at least by the public was thought to have become) one of the greatest moral and political evils ever inflicted upon the people of the state. It was begun during reconstruction by the Republicans, carpet-baggers, and scalawags, and after they were overthrown, in 1874, it was kept up in portions of the state by the Democrats, though appearing and existing in different forms from those of the Republicans, by fictitious or altered returns; this, while existing in many portions of the state, to some small extent, was confined chiefly to the "black belt," that part of the state where the negroes greatly dominate. This was recognized by many of the best citizens as being a necessary evil in order to secure peace and order, and to keep the government in the hands of the virtuous and intelligent. It was, therefore, the acknowledged purpose of the constitutional convention to rid the state of this evil by placing the government in the hands of the virtuous and intelligent rather than in the hands of the ignorant, vicious, and depraved; and to secure as far as practicable absolutely fair and honest elections, so that it would not be necessary to resort to fraud, or to countenance or palliate it, in order to secure the necessary end; hence, the task imposed upon the convention as to this article of the constitution was to place the ballot in the hands of the virtuous and intelligent, and to take it from the ignorant and depraved. The convention was faced with this condition. It is a well known fact that the greater part of the ignorant and vicious