The Montgomery advertiser., 1901-09-30

4 Il two terms to the. executive officers. and to deny them a third term. The new in- four years, and making them ineligible to succeed themselves. merely adopts, Tn the organic law, the policy the people e~perience as best for their interests.
 honor. The Governor, more than any 0hs the Sisnsty sd power of the the peo
 pie, and Is the source of many good or evil impulses in the administration of the
 It s ts been rny ths aim tSe o5 des sas consecrate 1t entirely to the service of the people. The Governor is shielded from the misconstructton and opposition often wrongly directed against him, when the powers of his office are thought to be swayed by a desire to obtain other off,
 Aces. and he is saved from the tempta- him during his term, and for one year thereafter, the right to election or ap- pointment to the United States Senate, or any office under this State. Ambition and duty alike under such conditions will
 bind him to single minded devotion to his great trust. leaving the people to mete out such reward as his acts merit, after
 The people always prefer to make di- rect choice of their Chief Magistrate. b The oies 1 enesanG0sernSoe s,das aUs fSs sens nns ate. and unless called to the discharge of the duties of Governor, receives like per diem as the Speaker of the House.
 The Governor has been guarded against personaf solicitation of persons seeking pardons by the creation of Board of Pardons. which meets at his call and sits inS public, before whom all applications for pardons, communications and paroles in felony cases must be laid. and who
 must advise the Governor thereon. The Governor must report his actions to the Legislature. together with the opinion of
 the Board in every case of felony. Ev- cry just safeguard Is thus thrown around
 Of ff %here Put sas a ways rest, upon the Chief Magistrate. Under the existing Constitution. when 8 bill Is vetoed, the alternative is to d. low the bill to fail or to pass 1t over the veto. In legislation errors and omissions are often Inadvertently made which the Legislature would gladly correct, if the objections Under the new instrument, the Legislature has the choice of amend ing vetoed bill and again sending 1t to pass the imperfect bill over the veto. The Independence of the Legislature is not thereby trenched upon, since It rests en-
 tirely with 1t to amend the bill or to pass Care has been taken to remove uncer- tainties in the existing instrument as to the succession. under all contingencies, In the office of Governor The Ideutenant- Governor, Attorney General, State Audi tor, Secretary of State and s ate Treas urer have been added to the officers upon whom succession may devolye. If both the Governor and Lieutenant-Governor die, resign or are removed, more than sixty days prior to a general election for any State officer. a Governor and Lieu tenant-Governor must be elected at such
 election for the unexpired term. Pro-
 vision has been made for ascertaining and declaring the disability of executive of
 ficers. when they appear to be. of unsound
 mind.
 The long dispute as to the powers of the Speaker and joint convention of the two declaring the result of elections for ex- ecutive officers, has been put at rest, by the constitutional declaration that the
 powers of both are purely ministerial
 Judicial Department.
 Many changes have been made, in view
 tional system more flexible, and better adapted to local wants. After the first election under the new instrument, two of the Associate Juatices of the Supreme Court are to be elected every two years. preventing the, possibility of an entire change of the personnel of the court every six years and the uncertainty and oscil-
 lation of Judicial decisions which some times results from such causes. The Leg isIature may confer upon the chancery or circuit court, the jurisdtction of both courts. and in counties having two or
 more courts of record, may provide for the consolidation of all courts, ex- cept the Probate Court with or without Der of judges to transact the business of the consolidated court. s4
 A circuit or chancery division must con-
 tain not less than three counties s unless aCd @ | more and taxable property Of $500 Oe0. i No courts of general jurisdiction at law
 or in equity. or both. sScan hereafter be l established for any one county having
 less than. 10000 population and property l assessedfor taxation at feSs than $500 600 | Appointees to judicial vacancies, hold office only until the next general election | forIany State officer, six months after the | vacancy occurs. When a new circuit or | cfancery division Is created more than
 sx months Prieg t9 gsnsre election for point the judges thereof, and the ap-
 pointee holds until the, appplntee's sue
 cessor is elected at such election. Solicit | tors for each judicial circuit, or other
 territorial sub-disision prescribed by the | Legislature, are to be elected by the
 qua flied electors, X A solicitor for any | qualified electors, or appointed by the
 Governors as the Legislature may pre- | scribe. .@ '0
 or partly @si within a city or town having | not less. than l590 inhabitants, the Leg. lslature may provide for the election of
 not more than two justices of the peace l lieu Of all justices of the peace thereir | may provide an Inferior court with very | limited civil and criminal jurisdiction | The Legislature shall prescribe uniform | fees for justices and constables through | out the State. In prosecutions for rape | or assault with intent to ravish, the
 court, in it's discretion, may exclude from
 the court room all persons except such | as may be necessary in the conduct oi
 the trial. The Ls gislature has power to
 abolish all courts, except. the Supreme | risdiction and functions have been con
 ferrcd on some other court; but not SC | us to abridge the term of any ofhcer now
 in office keg!sters in Gh4heery me Gi.trIe, are re
 the time If their appointment and Tor
 one year preceding, and their fees shall
 be uniform throughout the State.
 | The Legislature is left free. to change or abolish constitutional courts, | except the Supreme ana probate courts,
 and is prevented from establishing courts | as has been sometimes done fn the past
 for counties whose population and wealth l could lilly bear the cost of maintaining | the court.
 FThe new instrument curbs. for the first | time the hitherto unrestricted power ol the Legislature to create new courts; and f must, therefore, be, superior to the oid | Constitution in this respect Yet there | are those who permit themselves to argue l that under the lesser and restricted power | in the new Constitution there is greater l danger of abuses in the creation or new | courts than was possible under the great CT and unrestrained power to increase | them, under the old instrument. Appre- hensions in this respect, if sincerely en- | tertained. will disappear by the most
 casual reading of the two instruments
 Municipal Corporations.
 There are great changes under this
 head for the protection or tns eit'sen; o.ii l Streets and public places of cities ano | towns, can not be used for any pupilc | utility or private enterprises without Ine
 consent of the. proper authorities; The | Legislature is fo4 bidden to allow the pay l msTt of A privilege or license tax to the