The age-herald., 1897-11-07
Lawyer WeakIeY
 Favors the Convention


 FayOrs the Convention s. D. Weakley said: T am heartily in favor of the calling of a convention to frame a new constitution for the state of Alabama. As a member of the commit tee appointed by the Ala bama Comrner- cial and Indus ,gial aSsociation I did all in my power to induce the last general assembly to submit to the people the question whether or not such a conven- tion should be held 1t will be rernenl- bered that bill providing for such submission passed tpe house of repre- sen,ta.ives, but was defeated by a small vote in the senate.
 'sThe conditions which existed at the framing of the present constitution in 1875, and the ev-nts which had preceded, are well known as at part Of the history of the state. All will agree that the con ditlons have vastly changed since that time. The state has taken distinct and decided st:p forward in all lines Of ue- velopment Towns and cities then ex- istinr have grown beyond expectation and others have sprung into being, at- taining size and rank which would not then have been disemed possible. As result limitations upon the legislative mower. which in 1875 were wise and time Iy. have now in many instances become intolerable restrictions upon fuither de velopmenf. I mention a few reasons which lead me to the opinion that the state should have another and new coast tution:
 Too Many Elections
 ,"First of all, we have too many cleo tions and too much politics m Ala LaliIa. al1 If this country can saf=ly cleo. rresl- denlt for four years (and It mas peeh thought by many the presidential term shonld be increased to six years, with in- eIigitflity to a second tern), no good req son is apparent why our governor st1te officers ard members of uhe legSlatuIe should not be elected for Ike peii1tu, .t. As matters now are, every two years tne people are torn up with successive elec- lions almost during tha whole time rom February to December. This being country of opposing pohtlcai Pdrties, Nhey firsa have their primaries ana pre- linoinary skirmishing for the guberna- torial and other nominations: then comes the regular campaign prec-ufnS tHe Au- ga1st election; almost immediately the tions to congress, and before that elec, lion is over candidates for mayor ana town officials begin ito present their claims to the citizens. It sometimes nap pens after the nominations afe ndue' Nhe warmesu contest for the year IS prs scented in the struggle for municipal oIn- eos The deleterious effect of this con- stant and repeated political agltatlon upon business is known to all, ana Dt IS 1,nilJst to ihe vast majority of the peo- nIe. who do not desire offlo: for them- selves. but who are simply concerned In securing competent and honest persons to fill these public trusts If deemed nec- essary, the legislature might hold ol- ennial sessions, but my own beli-f IS that a session every four years, with longer time than fifty days allowed, and that time devoted to ma tiers of general con, cern instead of bling largely consumed in local legislation, would be cheaper ana better for the state. since an emergency calling forlegisla tien in the interim cou be met by an exercise or the power vested In the governor of conven1ng the general assembly in extra ordinary ses- sion The charters of our cities could be amended so as to provide for elections of city officials every four years, which, with all our saate elections, thrown into presidential years, proverblally nao Tor businees) would leave only congre ss len to be elected the second year. Let us have more of business and less of poli- tics.
 "It is thought by many that the framers of the constitution of 1875 did not intend that local and special legis- latlon should be carried to the extent it has reached in this state. They de-
 
 law should be enacted for the benefit of Individuals or corporations in cases which are or can be provided for by general law, or where relief sought can be given by any court of this state, ex- empting, however. certain characters of corporations and interests from this in- hibition. 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 re- suited So much and such varied local legislation has bsen enacted, that we have a separate set of laws for each county in the state, and lawyers find 1t difficult to safely advise their clients upon many matters arising out of the counties of their residence A recent examination of the volume of the acts GaSs-S9) disclosed that 127 of its pages are devoted to general and 944 to local and special -legisla ton. In this charac- ter of law-making the general assembly spends large part of its time and en- ergy which could be better devoted to improving our system of general laws, operating throughout the state
 The Judicial System
 '.As an illustration of the fact that our state has outgrown the constitu- ton, reference may be made to the fact that at present a judicial circuit can not contain less than three counties. This did well enough a long time ago, but now, in some of our more thiclxly set tied counties, there is enough business to require the time of more than one circuit judge. The result is that resort must be had to special courts to supple ment 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 of maintaining the general system of circuit and chancery courts, but also of maintaining these special courts, man. fest injustice to the larger counties.