The Montgomery advertiser., 1901-08-06

The only argument, he said, that nad been made in support of the minority reports was that 1t would reduce the number of elections. He had not heard complaint of the present system and did not believe the people wanted a change.
 Judge Walker moved the previous question and both minority reports were defeated.
 Section 16 as reported by the Com mittee was then adopted. Section 17 was then read. It provides that the Chief Justice and Justices of the Supreme Court shall be elected at the same time as Congressman for six year terms. The Justices are to draw lots as to who will go before the people every two years. Two minority reports embodying the ideas suggested at amendments to Sec ton Is had been submitted but they were withdrawn
 General Sanford of Montgomery, sent up an amendment providing for spe- cial elections for the selection of the Supreme Court Justices and addressed the Convention.
 On motion of MT. Heflin of Cham bers, the amendment was tabled. Mir. Pettus of Limestone, sent up an | amendment :o strike out the lottery feature" of drawing lots. and authoriz- ing the Governor to designate the Jus tice who is to retire.
 On motion of Mir. deGraffenreid of Hale, the Pettus amendment was ta- bled, and Section 17 as reported, was adopted.
 Adopted Without Division.
 Sections 1s 1S and 20 were adopted without division.
 Section IS makes Judges conservators of the peace in their Jurisdiction. Section 19 authorizes the Governor | to fill vacancies by appointment. Section 20 provides that when a new Circuit or Charcery Division is ere | ated a judge shall be elected at the next election to chose representatives. Sections q, 22 and 23 were adopted | without division.
 Section 21 provides for substitute | judges in case of the legal incompe- | tency of any judge to try specific cases. Section 2 authorizes the Legislature to | provide for the holding of Circuit and | Chancery Courts. Section 23 provides that no judge of any court of record | shall practice law.
 Section "A. which provides for the appointment of Registers in Chancery by Chancellors, was adopted without | division.
 Clerk of Supreme Court.
 The Convention was making good progress until it brought up against | Section 25 which provides for the ap- poiNement of the Clerk of the Supreme | CcvFt by the Justices, which precipi- tated a debate.
 The minority report provided for the election of the Clerk of the Supreme | Court by the people, vacancies to be | filled by the Justices. The Clerk is | nl a alor fo ha law after the expira tion of the present | Clerk.
 The minority report was signed by Judge Walker and Messrs. Hood, Jones of Hale, Tayloe, Davis of DeKalb, Fitts, Ashcraft, Leigh, Coleman of Jasper and Kirk.
 Mir. Davis of DeKalb spoke in sup port of the minority report. He said the Clerk of the Supreme Court re- celved more pay than any other officer Tn the State.
 General Sanford of Montgomery, sent up a substitute which embodied the clause of the present Constitution on the subject. It provided for the ap- continent of the Supreme Court Clerks | by the Justices and Clerks of inferior courts by the judges of such courts.
 General Sanford in supporting his amendment. said he had served as Clerk of the Supreme Court twelve years and then resigned. He said 1t was mistake to say that the Clerk | recelN ed such great sum of money. His pay does not exceed $3,5OO a year.
 Judge Walker of Madison, argued in support of the minority report. He said It was wrong for the Clerk to re- | ceNe more pay than any officer in the Capitol. He said 1t did not affect the present Clerk. The fee system, he de- ciared, is bad. and the Convention should minimize 1t as far as possible.
 Judge Cobb of Macon, spoke in SUD- port or the majority report. He said the convention should not run wild on the proposition to elect all officers by the people. The Clerk of the Su- preme Court does not come into con tact With the people. He spoke of the confidential relations existing between the Justices and the Clerk No better system was presented than the old system, and he hoped the Convention would make no change. Judge Cobh also advocated the fee system. He said the Clerk was compelled to have as- sistance and the fees are not paid by the state, but by litigants If the fees are 100 hlgh let the Legislature reduce the fees.
 The substitute of General Sanford ana the minority report were tabled
 MT. Rogers of Sumter, sent LID an amendment authorizing Supreme Court Justices to appoint the Clerk of the court. but empowering the legislature 10 fix his compensation.
 MT. Rogers spoke in support of his amendment and MT. Merrill of Bar pour. supported the report of the ma Jorlty Of the Committee.
 MT. Ashcraft of Lauderdale. made an earnest argument in support of the Rogers amendment. He said no oues- tion before the Convention had been the subject of more lobbying. Notwith- standing claims and counter claims had been made as to the amount of money received by the Clerk of the Su preme Court the friends of the Clerk had not brought forward the actual amount received by the Clerk.
 At this point, on motion of Governor Oates the privileges of the floor were extended to Hon. L. W. Turpin. form CT member of Congress from the Ninth District.
 MT. Jones of Hale. spoke in support of the Rogers amendment He said he had been informed by Mir Sterling A. Wood. former Clerk of the Court l hn hoI eo