The age-herald., 1898-03-27
BIRMINGHAM ALA SUNDAY 27 98.-sIX
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 province or pows8of the general asesm- bly to bind the convention because 1t rep resented the sovereign power Of the state. But the democratic party had suffered several defeats and had but recently &C., ceded to power and the conservatism of the convention bordered on political cow ardice. It was the finest opportunity ever presented to have made just such con- stitution as the state should have had and one which there might not have been any necessity for changing in fifty years, but timidty prevailed to such an extent that the new constitution was made and adapt ed to the conditions which then existed to tide over the troubles of that time without regard to what might be necessary provisions in the fundamental law twenty or thirty years thereafter.
 In my biennial message as governor in November, 1896, I used touching this subject the following language to-wit:
 "Our state constitution was framed and adopted twenty-one years ago. when the state had just emerged from reconstrGe- tion with its credit broken down ana which, with the surrounding circum- stances, influenced the convention to frame a constitution adapted, as they supposed, to the necessities which then existed. These conditions have under gone very material changes in several respects. We have twice the railroad facilities, the farmers cultivate one-third
 
 cotton, grain and agricultural products, three times as many tons of coal are mined, three times as many cotton 1ac- tories are in operation, and the popula- tion of the state is more than one-th1rd greater than at that time. These changes of condition render necessary several changes in the fundamental law. There are many provisions in the present con stitution which are wise and answer good purposes, but some changes seem to me absolutely essential to the future welfare and prosperity of the state. The limit of the right of taxation for state and county purposes is wise and should be retained. It is a protection to tax payers against burdensome taxation. But the restriction of the right of cities to tax themselves retards their growth and development. Every city with population of 1000 or upwards should have the right to levy as great a rate of tax for the use of such city as can be laid for state purposes.
 "Our elections are too frequent The governor and state officers just about be- come thoroughly familiar with their du- ties by the expiration of their two years term They should be elected for four years and be made ineligible to succeed themselves. The appointing power of the governor should not extend to justices of the peace, notaries public with justice powers, constables and perhaps to other county officers. Their appointment, in case of vacancy, should be vested In the higher county officials.
 ''The members of the general assembly, should be elected for the term of four years, and be required to serve in two legislative sessions, one every other year. which should be extended to at least SIX ty days at each session instead or ntty, as at present, and no general law should be passed except on reconsideration dur ing the last five days of the session. One of the necessities for the last constitu- tional convention was to prevent so much local legislation. The remedy provided by the constitution is publication in newspaper of the intention to have local measure passed. That has proved 10 be wholly Intellectual, and local legis- lation now claims the attention of legts- lators all through the session, and on the last day all the most important acts are presented to the governor for his ap- proval, when he has no time to duly consider them, and if found objectionable in any particular, there is no opportunity to send them back to the general aS- sembly for amendment.
 "There should be a clause in the con- stitution prohibiting the general assem- bly from passing any local or special acts on at least twenty different subjects, and requiring general provision to be made by statute for those things to be done bv the courts Some of the state con- stit,1tions adopted within the last ten or fifteen years have extended tnls pro- hibtion to more than thirty subjects.
 "Our judicial system could well be re- formed. The justices of the supreme court should have longer term, say nine or ten years and it be so arranged that the term of one judge should expire every three years, and thus a majority or ex- perenced men would always be Kept on the bench.
 "That court is the expounder Of the constitution and the final arbiter Of all legal controversies, and hence uniformity is as important as correctness of princl- nle in it's rulings Under the present SIX wear term and elections by popular vote the office is made political and an entire bench of inexperienced men may be chos- en from the same or opposing poltlcai marty. which would beget conflict of de- cision impair uniformity and the respect and confidence of the people which are so conducive to the best interests of the state The justices of that court should be as far removed from all political in huences as practicable
 "Our present judges and chancellors are exceptionally good and competent men, but changes may be made in our methods which would be a vast improvement Tn the administration of justice, and we have no guarantee that our present judges and chancellors will succeed themselves, or be succeeded by equally as able and faithful expounders of the law. The system of electing by popular vote was adopted on the supposition of be- ing more conducive to the administration of justice to all litigants than any other mode of selection. I think this mis- take A judge who is a candidate for reelection tries case, one of the parties to which it is supposed to be worth one hundred votes at an election, while the other may be a man who can scarcely control his own vote. Might not that judge be tempted to lean. or incline, to- wards the strong man in his rulings? and vet the poor suitor is told that his vote will have such an influence upon the fudge as to make him perfectly impar- tial. The judge may be an honest man, but human nature, almost imperceptible to him. may make him incline somewhat to the man who will be most useful to him in the impending struggle for re- election. The present system is therefore fin direct violation of that part of the Lords Prayer, which says, Lead us not into temptation" Fearless impartiality and ability of the judges are essential to the public welfare. <The judges, in my opinion, above those of probate, should be appointed by the governor, and he confirmed or reflected by the Sen-