The Montgomery advertiser., 1901-08-06
adoption of the section.
 Mir. Spraggins-I have an amend

Mir. sprassins-i have an ameho-
 Amendment to Section 14 by MT. Spraggine;
 -Amedn Section II by striking out m after the word elected In the sec Dnd line and by adding in lieu thereof fhe following: By the qualified cleo tors of the county or counties within the Jurisdiction of such inferior courts of law and equity"
 MP. Spraggins-That is in line with what has already been done In the election of Circuit Judges and Chan cellors and Supreme Court Judges, making the Judges of the inferior courts elected by the qualified electors 4 of the various counties.
 & Mir. Hefiin of Chambers here took the tlhair.
 Mir. Smith tMobile)-we of the Com- kittee had that matter under consider atioF, and there was considerable con- tentiony that the conditions of some particular counties was such that 1t would not be to the interest of the people to have the judges elected in those counties. It was thought that in certain counties, under certain circum- stances, the power would be in hands unit to select judicial officer; that that had been the experience in the past in some of the coun- ties. and that it might be in the future, and that the power should therefore be in the legislature to prescribe how the judges in the sev- eral courts should be appointed or elected. That was the purpose the committee had, and I presume there are gentlemen here from some of the counties where there would be very ptrenuous objections to the election of Judges in those counties by the people. | simply state this that it may be un- aerstood why a different provision is made for the filling of these ofhces than for the other judicial offices. therefore move to lay the amendment on the table.
 Upon a vote being taken the motion to table the amendment prevailed.
 Upon a further vote being taken the section was adopted.
 Section 15 was read as follows:
 Sec. 15. Chancellors and judges of all courts of record shall have been citizens of the United States and of this State for five years next preced- ing their election or appointment, and shall be not less than twenty-five years of age. and, except judges of probate courts, shall be learned in the law.
 MT. Macdonald-I have an amend ment.
 The amendment was read as follows:
 Amend Section 15 by striking out the words except judges of probate courts" on the third and fourth lines pf the section.
 MT. Macdonald-I do not suppose there is a lawyer in the sound of my voice who will disagree with me upon The principle of the amendment pro- posed, I cannot say that I have any hope that it will escape the fate that has befallen amendments to this ar ficle. as a gensral rule, but l would like to examine the mind and the con- science of each lawyer upon the 1loor of this house and ask him, and 1T ] could get him out of this room, or al any place where his expressions would not be made public, he would agree with me. Every man knows that be- fore these probate judges some of the most intricate and important proposi- fions of law are brought; that in cases where the validity of wills are con tested and many other matters or the administration of the probate law ol this State. skilled lawyer IS intinite- ly more required, as a rule, to occupy the seat of probate judge than Tn most any other court. Now we have all nao that experience. Every man Tn tnls Convention who has practised law has H..
 might be very easily stated. but which never has been frankly stated. 1t has heen the practice and the custom of the State of Alabama to except probate Judges from the operation or the very s,Iutary rule that all judges should he learned in the law. Why has Il been? AS I say. it has been KnoWr to all men. and I do not care 10 state it myself. but we all know it. ana tna'
 Ha will result in this amendment tahins the ordinary course.
 MT Rogers (Sumter)-What is the reason that exempted them from be- ing learned in the law!
 MT. Macdonald-Because some or the very eminent citizens of the respective counties in this State considered IL a very fat office, and there were, more of them than lawyers in the counties
 MT Rogers (Sumter)-There are stlll more. s+,,
 MT. Newfoundland there are sun vnore [ say that Is the reason tha' +his amendment will probably take the course the other amendments have ta- kan but if we are here to do what IS inst risnt and proper. to do what oul 1ast experfence as lawyers or as ltl- vants-if there are any or that unIor inmate class in this Convention snoWs n he the facts we will adopt tnls amendment. Why, we go before 8 fudge of probate who has not attempt cd and does not propose to attempt te ecc,ire any knowledge of law, and we .uhnit to him questions relative to the construction of instruments. Of Wllis ana the validity of wills. which say raouires technical learning or the very highest order, and lawyers gravels aro,e such propositions before Juoges of Prohate. who do not know what they are talking about, and are not pre- ~,.med to know. I say this without reflection on any of these eminent gen tlemen who fill these ofhces' because if is no business of merchants or Tar mers to acquaint themselves with mat ters of this character.
 Again. I made an effort this morning Ao strike from Section Il the latter par of if. which prohibits any man who at any time gets to be a judge to take any office during his occupancy of the iudgeship, and that included Probate udges, so if an instance should occur where, by reason of some matters pc ou,iar to himself Judge of Probate might resign q do not say 1t is likely by any means that he wilD the ottice of Judge of Probate, he cannot accept any office during the term for which he is elected. Why not? Let the mem, hers of this Convention be perfectly frank with themselves and the people of Alabama and adopt an amendment of that kind. which declares that the Probate Judge should be learned in the pth ca