The Montgomery advertiser., 1901-08-31

time the article was passed. The gentle man from Montgomery introduced what resulted in Section III. but as in- rroduced. 1t sought to give to the Le- kislature the power to abolish any court. not only when its jurisdiction tnd functions had been conferred upon some other court but whenever u thought 1t was necessary or proper. The fight was then made upon giving tho power to the Legislature to abolish any court at its discretion. The Judi ciary Committee did not think 1t wise to give the Legislature power simply to legfslate an officer out of his office. In, tho Judiciary Committed. the clause was ssarcfullr canvassed and consider ed. and 1t was the intention after de- liberate consideration not to give to the Legislature the power, to legislate one man out of office ana another man into once. The way we have the courts ar- ranged the Legislature can. if 1t sees fit, simply swap the same Judicial business from one form of court to an other form of court. and while that power is greatly in tie interest of ju- dicial system. so long, as it Is used to accommodate the courts to the needs of the people. 1t would be an unwhole- some power if used simply for the pur- pose O. legislatins one man out of of1l- ce and another man into office. merely to take from one fudge end give 1t to another. they would swap 1t from one name of the court to another name, and as a check upon that power. we have provided that even when they change their court. they should not ie. gislate q judge out of office, and think the provision is wise one.
 MT. Oates--Do you not atate the ques- t;on rather broadly. saying legislate one out and legislate one in?
 Mir. Smith-It is broad. I was going to say 1t Is very broad, but 1t took a broad statement to cover the Constitutional provision, and 1t is just broad enough to cover the Constitutional provision. we provide that they make special courts or may transfer the Jurisdiction. MT. walker-Under the provision as afforded. is there any likelihood of there being the necessity of abolishing these courts entirely? MT. Smith--I do not think there is. MT. walker-tBy transferring the jurisdiction, the courts can be perpet- uated consistently with public inter. ests. The probability is very remote or any necessity to abolish.
 MT. Smith-But the power would De there to gerrymander man out or or flee, if there were not some restrlc- | ton. Now then when the gentleman from Montgomery offered this broad clause, in conflict with the intention and spirit of the article reported by | the Judiciary, which allowed the Legis- lature to gerrymander them out we amended 1t so as to provide that | the courts should not be abolished ex- cept when It's jurisdiction andfunctions | had been done away with. therefore move that the amendment | be laid upon the table. Upon a vote | being taken, the motion to table pre- vailed.
 Mir. Oates-I desire to offer another amendment.
 Amend Section 162, page fl. by ad- | ding thereto the following: Nor en- | gage in active partisan politics. | MT. Oates--I desire to say that 1 of- | fered an amendment similar to this In | different language, in the Convention | when this article was under considera- | tion, and 1t was voted down. l offer this in briefer language, and think 1t | entirely proper. I suppose the lawyers | of this Convention, the older ones any way, remember as do years ago. that such a thing as a judge whls in office, to engage actively in partisan politics, as unheard of. and 1t was considered a highly improper thing to do. Noth- | ing of the kind that I ever heard or until long since the war. A judge should be esteemed for his purity and for his impartiality. It Is an elevated position. to sit upon and adjudge the rights of others, and man should not be suspected of any bias, because he Is a Democrat. a Populist, or Repub- ncan. and while he ought to have the right to vote, and participate in elec- tions, he should not go out and engage in active politics, making speeches | serving on campaign committees and all of that. It greatly impslrs the | respect of the people for the judge tc do it. Hence offer this amendment.
 MT. Walker-This proposition. identi- cal in meaning, was presented to the Convention when the Judiciary article
 was before it. do not think the Con-
 vention will change its views upon tfis
 proposition. That question of the ex- tent of participation in politics by a
 man on the bench is at least qeus-
 ton of the individuals view of the
 proprieties, and you cannot fix a Iro' l vision that will keep a man who is
 innately politician. from having
 something to do with politics. He may
 work in underground methods, but yor
 do not change the politician into {
 judge by putting him on the ben2h anc
 there Is no use trying to legislatt human nature out of men; therefore
 move to table the amendment.
 MT. Oates-Might it not show to thu
 people that he is an improper man q
 be judge, if he is actively participat
 ing in politics.
 MT. Walker-If he actively partl
 cipates in politics, and public eentimen
 disapproves of that kind of thing, h.
 will go off of the bench and that il
 the best remedy for this sort of thing
 Mr. Oates-I do not think he would
 do 1t. I should think that a judg'
 like you would not require thing O
 this kind, but there are some Vb'
 would require it.
 The President-The question will b.
 upon the motion to table the amend
 ment offered by the gentleman f:on
 Montgomery.
 Upon a vote being taken. a division
 was called for, and by further Vot
 of 55 ayes and 46 noes, the amendmen
 was laid upon the table.
 MT. Oates-I desire to be indulget
 to offer the other amendment, to sieel
 with the others, I suppose; however l
 conveys my sentiments.
 The amendment was read as follows
 Amend Section 165 page Al by strikinI
 out of lines 23 and 24 the followin
 words and may when appointed by tn
 Chancellors also fill the office
 Register in Chancery."
 Mir. OateS-The policy as declared il
 this Constitution is that no one shal I