The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-11-21
SELECTION OF THE JUDGES.
The Bill to Elect Them by Popular
Vote Defeated.

Speeches on Both Sides of the Cues
ton Made During the Debate-The
Next Fight to be on the Bill Providing
for Appointments by the Governor.
bingham County Election Contest.
County School Commissioners to be
Chosen as at Present.
Atlanta, Ca, Nov. 20-It looks as If
there is no hope for a change in the
method of selecting judges and solicitors
To-day the House killed on the first round
the Houston bill providing for elections
OF the judiciary by the people.
At the same time it is apparent that
the bill providing for appointment by the
governor is equally Objectionable, and it
viii. in all probability meet with the
same fate as the bill disposed Of to-day.
The house is clearly Of the opinion that
while there are serious objections to all
three Of the methods proposed for choos-
ing the judiciary, election by the legisIa-
ture is the least Objectionable.
Mr.. Houston's bill came up on the spec
ial order this morning Immediately after
the journal was read. and the discussion
over it occupied the whole session. Mr..
Houston had had the bin printed at his
own expense and distributed copies
among the members to better facilitate
intelligent action upon 1t. The bin was
burdened with the unfavorable report Of
the general judiciary committee, and the
fight was grounded upon a motion TO
disagree to this adverse report A ma
1ority vote was only necessary to do this
while IL would have taken a two-thirds
vote to pass the bill, it involving a con-
etitutional amendment
Before the debate was regularly opened
Mr.. McCurry Of Hart got i'm a resolution
TO postpone the whole question of chang
ing the system of selecting the judiciary
until the next session Of the legislature
in 1895 He declared that the present ses-
sion would have enough to do without
tackling this problem, and besides he
thought the members ought to be allowed
TO find out what their constituents de-
sired before passing upon it.
Messrs. Battle Of Muscogee, Price of
Lumpkin and Hunt of Walton opposed
this resolution in strong speeches and it
WAS voted down.
Then the main issue was sprungMr Har-
risOn of Quitman, one of the most in
huental members Of the legislature, led
the fight for the bill. He made an earnest
argument in its favor declaring that the
people of Georgia We're loud in their
clamorings of discomfort with the pres
ent method and demand change in a
voice that will not be silent, even If the
present legislature should refuse to heed
It,
Mr., Reagon of Henry followed Mr..
Harrison on the same line, agreeing that
the people were entitled at least to saw
ia hon Cd 10 oh
Mr.. Jenkins of Putnam, chairman of the
judiciary committee took the floor and
made one Of the ablest speeches Of the
session in defense of the committees
action He said the people cannot exer-
else all the functions of government, but
are forced to delegate some power to
agents. Mr.. jenkins reviewed the history
of the judiciary in Georgia and stated
1t as fact, that all the evidence Of time
and practice was in favor of election by
the legislature. The judiciary so elected
has been pure and able, and he declared
In ringing terms that the people should
not be misled by the clamor of defeated
candidates, and the efforts of politicians
TO gain popularity. Mr.. jenkins said the
purity Of the bench would be an impossi-
billty if the Judiciary should be dragged
down into the mire OF politics. There are
q large number Of citizens Of this state
he said, who are not competent TO HELM
select men to administer justice. They
are not only ignorant, but are lacking in
principle, and this power placed in thefr
hands would be d serious temptation to
the INSCRIPTIONS ana ambitious polti-
clans
Mr.. Price of Lumpkin made the clos
ing speech in favor of the bill.
Speaker Pro Tenn Wilson then took the
floor and struck right and left at the bin
II would be SAD day for Georgia. he de-
clared, when the selection of her judiciary
should be placed in the hands of the poli-
ticians, when an ignorant and infiamma-
bic class holds the balance Of power. He
said the conditions now are lar different
from what they were in 1S52-6O when
the people elected their judges. The de-
mand for change, he said, comes from
the disappointed candidates and was a
pet theme Of the demagogues of the popu-
list party.
At the conclusion of Mr. Wilson's speech
Mr.. Hodges of Bib called for the prev
ious question He was requested TO with
draw the call, but refused and it was
voted down.
Hewlett Hall of Coweta law partner of
Gov Atkinson, then secured the floor and
proceeded with the delivery of an elo-
quent appeal for the purity OF the ju-
dietary. He said it is not to be denied
that there is general dissatisfaction with
the manner in which judges and solicit
tors are now chosen, and he believed there
is ground for the complaint of the peo-
pie. He did not think the populists are
the only ones who complain, but the
whole people are sick and Disguised with
the legislative elections. The cry is
against the judiciary in politics Mr..
Han reviewed the plan of our form of
government at length ana eloquently ad-
vocated the enforcement to the most
complete extent possible of the executive,
legislative and judicial branches Of the
government. He argued that it was dan
gerous to allow popular clamors to con-
troll all these branches, and by way OF
illustration took up the South Carolina
dispensarv law. which was first declared
unconstitutional and then declared valid
by a partisan supreme court. Mr.. Hall
said he found appointment by the gov
ernor was provided in the bill of Mr.
Bailey of Spalding. This bin gives the
governor the right to appoint the supreme
court and then the supreme court nomi-
mates the circuit judges and solicitors
Mr. Han, however, wants the supreme
court appointed for life.
Mr. Broyles Of Fulton made speech in
behalf of the author OF the bill after the
previous question had been called, advo-
eating its passage.
Speaker Fleming then called Mr. Hodges
Of Bihb TO the chair and took the floor to
4f ne