The age-herald., 1901-07-08
CONSTITUTIONAL CONVENTION
 |S WITHOUT REAL LEADERSHIP
This Accounts Part for the Slow Progress Being Made-Up to This Time Only One Article Has Been Adopted.
 Suffrage Article Comes Up Soon.
BY FRANK HARVEY MILLER.

Their report will be awaited with interest, the chairman MT. Graham, Of Taiia- dega, has the welfare of the public schools at heart and will devise some satisfactory plan of local taxation for their benefit, if it is possible to do it.
 Some Legal Changes.
 The convention Saturday adopted an in-, novation in the practice of the Alabama courts by allowing the Legislature to au- thorize the judge, for reasons fixed by law, to discharge a jury without the con- sent of the defendant, and when so dis charged 1t will prevent the defendant from pleading former jeopardy. The law applies both to civil and criminal cases, but is especially intended to prevent de- fendants from being acquitted by reason of judge discharging jury without the defendants consent when the jury cannot agree. Under the present law jury in a criminal case may be hung for several days and with no prospect of verdict Should the judge discharge them without the defendants consent it amounts to an acquittal Of course. the defendant never consents and juries are frequently kept locked up for days, to no purpose
 Another innovation in the trial of cases is the proposition of MT. Boone of Mobile to allow three-fourths of a jury in evil case to render d verdict. This VIII De taken up Monday. A motion to table this proposition on Saturday was lost by tie vote of 43 to 43. This, by the way, was the closest vote of the session. AS the roll call progressed first one side and then the other would have a majority of one or two. and the vote finally ended In a tie. the announcement of which was greeted with applause.
 Free Passes.
 One of the most important subjects that has been brought to the attention Of the convention is that of free passes Ihe present constitution contains provision on that subject, but it is a dead letter. and no attempt has ever been maae py the General Assembly to execute the mandate imposed upon it in that respect. Hon. Leslie E. Brooks of Mobile. on the first day of the submission of ordinances to the convention introduced very com prehensive one designed to prohibit the giving of free passes to, or the accept ance of the same by the officers or the State Mir Brooks believes that tne use of free passes by members of the legtsla- ture and judicial departments of the State government is not promotive of the public interests, and ought therefore to be- prohibited by a constitutional provision l that shall be self executing. He pofSs to the fact that the constitutions of tne states of New York, Arkansas, California. Kentucky, Mississippi. Missouri WashtRg- ton and perhaps others contain prohibits " ut provisions on the subject. Ihas sot Washington is embraced in two provisions | in two separate articles. one designed to | operate on the railroad transportation company giving free passes and the other | on the State officers accepting the same. | The New York provision, however, Is the l most thorough and comprehensive, and is self enforcing, and it is upon this that MT. Brooks ordinance is based.
 The New York ordinance, which was adopted in 1S95 is said to have proved very successful in suppressing evil that must inevitably result in a scandal if not checked in time. MT. Brooks is of the opinion that most of the railroad companies operating in the State would welcome a constitutional restriction that | will restrict, for they would thus be rid of importunities that amount to practical compulsion for the issuance of passes to legislators, judges and other State of fcers for themselves, their families or their friends, and in the long run wouldi doubtless make money by such prohibi-i tion as would enforce obedience of it's provisions It is known that at least one railroad attorney of prominence and dis tinction in the convention is in hearty sympathy with MT. Brooks effort to effect l this important reform. It may be safely asserted that no reform which the consti. tuition could inaugurate would mora l surely be stamped with the approval of l the citizens of Alabama. If the Brooks i anti-free pass ordinance be adopted by the convention it will prove one of the | influential clements of the constitution that will contribute to it's own ratifica- tion by the people.