Alabama state intelligencer., 1831-12-22
ALABAMA LEGIsLATURE.
IN sENATE.-FRIDAY, DEe. 9, 1881.
DEBATE ON THE SUPREME coURTBJIL

AL thus stage of the debate, MT JAcKsol
 the President of the Senate, resumed il
 Char, when MT ERWIN rcse to reply to |
 last argument MT ERWIN had a smile uI
 on hs countenance, as he was thus obliged
 address the President in the Chair to who
 he was bound to reply.
 MT ERWIN said, MT President, l feel m,
 seli called upon to reply to the argumen
 which have been advanced by the H0norab
 the Fresident, who has so ably and cloquen
 y opposed the bill now before the Senate fc
 consideration. 1 trust the Honorable Pre- <
 dent Will excuse me fer the freedom which
 must necessarily use, in canvassing his areu mehts' The first and most prominent argu ment advanced by the President of the Sc ate, IS the additional tax which would neces salily be imposed upon the people, conse quent upon the organization of a separate Stu preme Court. lyesterday, replied to this ob Jectlon; and any further comment upon i would be not only useless but an unnecessar, consumption of the time of the Senate. then said, the tax was so trivial and uninpor. tant, that it would not be felt by even th, humblest citizen of Alabama. Nav. sir tbe tax would be so insignificant that it would not weigh so much as the dust in the balance. when entrusted with the faithful and prompt administration of justice
 will then reply to that part of the argu- ment ot the Honorable President, ill which he be necessary to raise from the pockets of the people, for the purpose of paying the salaries of the Judges, as contemplated by the bill.- Sir, the amount proposed by the bill, which we would be called upon to pay to the Judges of the Supreme Court, would not exceed S4500. Sir, what is this, when that justice which he, as the representative of the people, are bound to provide, for the faithful and prompt administration of the law? l did, on yesterday, state to the Senate, that in the State of Louisiana, the Chief Justice of the Supreme Court received the sum of S5000 for his services, as an annual salary, which is d greater amount thus paid to single Judge in sister State, than we propose to pay to all the Judges of the Supreme Court, as propos- cd by the bill now before us.
 In 1888, according to the amended provi- sons of the Constitution of Alabama, all the Judges now in oificc will have terminated their judicial career. At that time, should the present bill now pass, it would follow as a matter of course, consequent upon the dimi- mutton ot their labors, resulting from the or ganization of separate Supreme Court, in- asmuch as their laboys would be diminished by one half, that the salaries of the Circuit Court Judges would be curtailed. I myself would, under such circumstances, advocate reduction of their salaries. They would pro bably be reduced, say 250 dollars, which would leave to them an annual salary of 1900 dollars each, there being now seven Judges. This reduction of salary would diminish the expense of the present Judges 1750 dollars. Deduct this sum from 4500, the amount pro- posed to be paid to the three Judges of the contemplated Supreme Court, and it would leave a balance of 275o, which would be add cd to the appropriations usually made from the Treasury for the support ot the judiciary. Inow ask, what man in Alabama would feel this expenditure9 l answer, none The amount would be so small and insignificant, that the poorest as well as the richest individual would be unconscious that any such tax had been imposed, But, sir, what is the sum of S2750 to a State comprising popua- tion of between 300, coo and AGO, GOO persons, when the object of this inconsiderable tax would be to secure the administration of ius- tice, which with us, as the guardians of the people, should be all object Of the first consi- deraticn.
 But, sir, the greatest objection urged b, the gentleman from Lauderdalc is, that the present Judges are not sufficiently attentive to their business; if they would be more assidu- ous, the proposed Court would be wholly use less and unnecessary.
 The document, Ca transcript from the re- cords of the Supreme Court with which I furnished the President of the Senate yester- day, was done with the utmost cheerfulness, because it affords that information which its important the Senate should know; and am persuaded l shall be abi ndantly able to satis- fy the Senate'from the document, that the or ganization of a separate Supreme Court is not only all-important, but is indspensably ne- cessary, and that the wants of the people not cnly require, but demand it.
 It has been contended by the President of the Senate, that the delay of which we com plain in the administration of justice, can and will be remedied in 1883. when, by the a. mended Constitution Of Alabama, the term for which the present Judges have been C. lected will have expired, and then we shall have 1t Tn our power to promote others to the high places which they now occupy, who will be more prompt and energetic in their devotion to the public business. Sir, if this argument be good, why did it rot produce this magical effect in 1926? But, sir, in 1926 it did no such thing The Supreme Court docketwas not only overwhelmed with causes then, but has been burthened ever since.
 The President Of the Senate has with much ability, contendesl that the Judges were not sufficiently attentive ill the performance of their duties; and as an illustration of this po- sition, that the Judges were more industrious at the January term of the Supreme Court in 1927, than they usually are; at which term of the Court they disposed of 245 cases.- But here, in answer to this argument, it is important to observe, that at this term of the Supreme Court, new rule was established by the Court, by means of which all unliti- gated cases, which had been brought up merely fer delay, should be disposed of by motion. In consequence of the operation of this new rule Of the Court, many cases were