Birmingham state herald., 1896-10-11

and too much politics in Alabama. If this country can safely elect a president for four years (and it has been thought by many that the presidential term should be increased to six years, with in- eligibility to second term) no good rea- son is apparent why our governor, state officers and members of the legislature should not be elected for like period. As matters now are every two years our people are torn up with successive elee- tions almost during the whole time from February to December This being a country of opposing political parties, they first have their primaries and prelimi- nary skirmishing for the gubernator1al and other nominations; then comes the regular campaign preceding the August election; almost immediately the machin- cry is set in motion for nominations to congress and before that election is over candidates for mayor and town officials begin to present their claims to the citi- zens. It sometimes happens Cat least in Birmingham after the nominations are made, the warmest contest for the year is presented in the struggle for municipal officers. The deleterious effect of this con stant and repeated political agitation up- on business is known to all and it is un- just to the vast majority of the people who do not desire office for themselves, but who are simply concerned in securing competent and honest persons to fill these public trusts. If deemed necessary, the legisla ture- might hold biennial sessions, but my own belief is that a session every four years, with a longer time than fifty days allowed. and that time devoted to matters of general concern instead of be- ing largely consumed in local legislation, would be cheaper and better for the state, since an emergency calling for legislation in the interim could be met by an exer- else of the power vested in the governor of converting the general assembly in ex- traordinary session. The charters of our cities could be amended so as to provide for elections of city officials every four years, which, with all our state elections, thrown into presidential years, (proverb- ially bad for business) would leave only congressman to be elected the second year. Let us have more of business and less of politics.
 Local and Special Legislation.
 It is thought by many that the framers of the constitution of 1875 did not intend that local and special legislation should be carried to the extent it has reached in this state. They declared that no special or local law should be enacted for the benefit of individuals or corporations Tn cases which are or can be provided Tor by a general law, or where the relief sought can be given by any court of this state, exempting, however certain char acters of corporatio and interests from this inhibition. The supreme court held that whether the case could be provided for by a general law was, in general for the legislature and not the courts to de termine, so that little restraint upon this class of legislation has actually resulted So much and such varied local legislation has been enacted that we have separate set of laws for each county in the state and lawyers find it difficult to safely ad- wise their clients upon many matters arising out of the counties of their resi- dence. A recent examination of a vol ume of the acts Q88S-'S9) disclosed that 127 of it's pages are devoted to general and 944 to local and special legislation. In this character of law-making, the gen. eral assembly must spend large part of it's time and energy, which could be bet ter devoted to improving our system Of general laws, operating throughout the state. The incorporation of towns and cities and the amending of their charters engage much time at each session of the legislature. Our towns and cities could be classified, general laws for their gov ernment enacted and thus save much cost to the state. Undoubtedly there will be found to be some subjects of local con- cern which cannot be regulated by gen. eral laws, and these must be provided for, but no one doubts that our present constitution, as it has been construed, can be vastly improved in this matter. Some of our sister states have likewise felt the evil and have remedied it.
 our uulcldl OySb6lu.
 This is a subject which addresses itself more peculiarly to lawyers, yet it is not without interest to all AS an illustra- ton of the fact that our state has out grown the constitution reference may be made to the fact that at present judicial circuit cannot contain less than three counties. This did well enough a long time ago, but now in some of our more tbickly settled counties there Is enough business to require the time of more than one circuit judge. The result is that re- sort must be had to special courts to sup plement the work of the chancellors and circuit judges, thus imposing upon the larger counties the burden of not only contributing their share to the expense or maintaining the general system of circuit courts but also of maintaining these spe- cial courts out of the county treasury, a manifest injustice to the larger counties. Understand make no attack upon these courts They are now necessary, are pre- sided over by able and faithful men, whose services would no doubt be re- auired in any system of judicial admins tra ton that might be devised Further more, we maintain the division between courts of law and courts of equity, which has been abolished in most of the Ameri- can states, where codes of civil procedure have been adopted, which no longer con- tinue the technical forms of action, but give relief in a simple manner, as the right may appear, dlteT lnc pdTticS Ilet tVS made a plain statement of their respec- tive contentious and have adduced their proofs. It is difficult for the lay mind to understand why man should be repelled from the temple of justice simply because he has entered by the wrong door, or why one court should be bound by its rules to give judgment for one of the par ties while another court, having diferent rules of procedure, may annul the judg- ment at the instance of the other party by enjoining it's enforcement. In this day of rapid movement and of business enter prise we need a system of courts and pro- cedure whereby, with an early oppertun- ity for trial, and short intervals between continuances, justice may be adminis- tered without delay, which is often as in furious as it's denial. In view of the experience of other states, to which resort may be had, no one doubts that our present system could be greatly im- proved.
 Taxation.
 Reference has already been made in