The Montgomery advertiser., 1901-06-12

of1icer of this state is an absolute px0@ tection to that ofiicer In any proce9qs ings upon his ofiiciai bond. Tnee man ought to stand on the high ground of absolute independence. And ne ca have that pedestal under his feet bet ter. whether politician or not, whether good lawyer or poor lawyer. when he stands upon q foundation coming e him from the vote of the people, ana of the whole people. He is az often called upon to pass upon the validity of the orders of the Governor of the State as he is upon the orders of any other officers in the State excepting the Auditor. Not everything that the Governor of this State does goes by any means. It very often happens that the order of the Governor is submitted to the Attorney General and 1t has hap pened at some times in the past and is Is liable to happen in the future that the Governor, in the press of busi- ness, with views of his own, not giving as much attention to the law depart ment of the Government as to other departments. will overlook restraining statutes, will overlook clauses in ap- propriation bills; and that the opinion of the Attorney General very often brings to his attention matters and things that he had neglected to ob- serve, and restraints payments of money and other official acts of the admin istration that might have taken place but for that intervening clause.
 The Attorney-General advises every officer of the State Government. He b no more the adviser of the Gcvernor than he Is of any other State ofhcer. TO be entirely frank and plain about this ofiice. he is more the adviser of the Auditor, by far, than he is of any other N<7n of hA ception of those large matters that govern the political future of the state and that attached the great ofiice of Governor, 1t may be safely said in . very large degree the Auditor and At torney-General run the ordinary. ev- ery-day State Government under which you live. The Governor of the Stare could safely remain out of the State for any reasonable length of time and with the conscientious faith that. with tne Auditor and the Attorney General ad- vising him as to the law, If he was honestly observing the law and trying to get at its true solution. the Goverp- ment could go on fairly well and with out friction for a considerable length of time.
 Now, MT. President, if this should be taken away from the people at all, to which am absolutely opposed. 1t ought not to go into the hands of the Gov ernor to appoint this law officer. this hand that can step in and say you can't do that, this hand that is made to stay the proceedings of the Execu- tive itself when he calls attention to the fact that the Executive Is over stepping the bounds of the law. This man whose opinion is made by your law an absolute protection to any officer to whom he gives 1t. This person should not be appointed by the Exec utive's hand. If 1t should be taken from the people it should be given to some other body and if 1t should be removed from election by the people. the better plan would be to have him chosen by the Supreme Court of the State as is the case in Tennessee and several other States of the Union. For next to the important work of advis- ing the different departments in giv- ing opinions that protect them. his next most important work Is to attend fo cases in which the State is interested. civil and criminal. in the Supreme Court and in other courts of the State.
 I am aware that the gentleman who makes this motion has had this in mind for several years. I know that he was of the opinion that the Attor- ney Generals should be chosen by the Governor during the long and close and affectionate personal intercourse between Us and which cherish to this. day. I am aware that he thought then that the Attorney General should be chosen by the Governor in order that he might be removed fro the pos- sibility of falling into a political chan mel, but although 1t comes from 0 strong source I do not think 1t is wise suggestion. It will not do at all unless you restrict the State Govern ment in many particulars. So long as he stands and he ought to stand, be- lieve the Attorney General ought to continue as an independent arm of the Government. havina fgrea< powers- great power to check the other arms of Government He ought not to be appointed by the Governor. because while many Governors would appoint the very best men they could find and would not be controlled or animated Dy the feeling that after the appointment they would have any property in him, yet the temptation when the acts Of the Governor were called in question when orders upon the Auditor and Treasurer signed by him were brought to the attention of the Attorney General, the natural tendency. the natural disposi- tion of this man appointed by the Governor would be to lean to his side.
 MT. Waddell-I move to lay the mo- tion of the delegate from Montgom- cry to strike out the words Attorney General on the table.
 A vote being taken, the motion to table was carried.
 The President-The question now re- CUTS on the motion to adopt Section as amended.
 MT. Coleman-It seems to me that the phraseology of that Section could be improved. Shall be elected at the general State election in 1902 at the same time and place appointed for the election of members of the General As- sembly." The time and places for the election Of members for the General Assembly is certainly not 1902, Shall be elected the same time and place as the election of the members of the General Assembly in 1902 and every four years thereafter Is the way 1t seems to me 1t should read.
 The President-The Chair will ask the delegate who proposes the amend ment to reduce 1t to writing.
 MT. JoneS-If the gentleman VIII write 1t out. as 1t appears to be simply endeavoring to straighten this section out, we will accept it. And if gentle" men will pardon me for the suggestion T make it in the utmost good talth, If we can get at the substance or what is right, this Committee on Harmonlcs will attend to any bad breaks in gram mar or style.
 MT. Coleman-That Is all right buI surely the phraseology is bad now.
 Mir. Jones-The Committee has ale ready accepted the gentleman's sus- gestion.