The Montgomery advertiser., 1901-08-06

The vote resulted ss follows:
 AYES.
 Aehcraft. lnge.
 Bareneid. jenkins,
 Beavers, Jones. of Bibb.S RNddow Jones, or Hale. Black well. kirk.
 l,oone Ledbetter
 Brooks. Long (Butler). Browne. Macdonald. Buiger. McMillan (wilcox). Burns Maxwell,
 Byars, Merrill. Csrdon, Miller (Marengo). Carmichael, of Col Miller CWilcoxJ.
 bert. NeSmith,
 Carnathon. Norman. Chapman. Opp. Cobb. Pearce, Coleman. of Walker. psttas: Craig, Philnps,
 Uayie. of DeKalb. Porter.
 Duke. Reynolds QIenry). Espy, Sanford, rerguson. Sentell.
 Fletcher. smith fMobile). Clover. Smith. Mac. A.. Granain, of Mont SorTell.
 gomery. Sprasins. Granan. of Talla- stewart,
 dega. Studoard. SGraysun. Tay1oe. ! Haley, Vaughan, Handley. Waddell, Hefiin. of Chambers Walker,
 Hef.n. of RAnaoiph. Watts.
 t1GuucIoOAs W NcdAltfs Hodges, White,
 Hood. WhIteside.
 Howell. Wilson tCiarke),
 Total-75.
 NOES.
 Messrs. President Murphree. Dent, oates, leuraffenreid. Palmer. Foshee. isog.rs (sumter). Gilmore. Sanford. McMillan Baldwin,.
 Total-13.
 ABSENT OR NOT VOTING. Almon, Lowe Jeffe.so AItman Lowe lLawrencels Banks, Malone, Bartlett. Martin. Burnett. Morrisette. Csrmicnae,. sf Golf Mulkey.
 ice. Norwooda Case. ONeal (Lauderdale). Cofor. O'Neili Jei1erson, Co.eman. of Greene. O'Rear. Cornwall. Parker (Cuilman). Cunningham. Parker (Eimorel. Eley, PilIanS. kyster. Pitts.
 kitts. Proctor. Foster, kentro, Freeman. Reynolds (chilton). Grant, Robinson. Greer of Calhoun. Rogers tLowndes). Greer, of Perry. Sanders. Harrison. Searcy, Ainson. Sloan, Howze. smith. Morgan M.. Jackson. Sollie, Jones. of Montgom- Spaars,
 cry. Tnenpson. Jones. of Wilcox. WtatherIy, king, Wlilet. Kirkland. Williams (Barbour). Knight Williams (harenEOI, Leigh. illiams tEInoTeD LockIIn. Wilson tWash gton). Lomax. Wlnn. Long (Walker).
 So the motion to table prevailed.
 Mir. deGrafienried--I have an amend ment to offer.
 The Secretary read the amendment as follows: Chief Justices and Asso- Judges of the Circuit Courts, and Chan cellors shall be elected by the members of the General Assembly on joint bal lot. and Judges of Probate shall be elected by the qualified electors of the county for which such courts may be established at such times as may be prescribed by law"
 MT. deGraffenried--I sympathlze With the amendment as offered by the gen tlemln from Montgomery, Governor Oates. and 1 voted for it. because thought if that were adopted, the law would probably furnish Us with more impartial judges than our present methods, but at the time I voted for 1t. I thought that instead of the Gov ernor having the appointing power. it would be safer and better for the peo- pie of Alabama that they should be elected by the General Assembly on joint ballot. We all know, Mir. Presi- ] dent. that it is to the interest of the State that It's judiciary should be re- moved as far as possible from politics. There was, I believe, offered oy the gentleman from Montgomery, while ago an amendment to another section which provided that judges should rot take an active part in partisan lc li- tics, and a gentleman on the commit tee took the floor and said that tkey sympathized with the purpose. but that 1t was not self-executing and tha: inc difficulty would be that each judge would determine for himself his course of action in the premises. The report of the Committee on Suffrage has .en substantially by this inven- tion. We all recognize that in the future if this Constitution is ratified by the people. there will be more inde- pendence of thought, and more 'ntr l1i- gence of action by the people If Ala bama in politics. It seems to me, Mir. President, that 1t would be better for the State if it's judges were reno Jed l from the hustings and were removed | from active participation in pol!ti,s y | placing their election in the hands of l the General Assembly. It was for u is | reason, Mir President, that favored | prohibiting judges from carrying rail | road passes in their pockets, not, MT. | President, that any judge wouli be | corrupted by the use of a pass. but | that it's tendency was evil. and 1t aeems | to me that judge who sits upon the | trial of a case where one of the parties | is a political friend. where one of the | parties is a man who has been active | in securing his nomination. would at | least find embarrassment If the other | party to the cause was a man who had | actively fought his nomination and | tried to defeat his election at the polls. | It is true that If you elect him by the General Assembly. he might be called l upon to try the case of some man who | was A member of that body but the | chances of that are few in comparison | with the number of cases that he would | have 10 try In his Circuit Court of men | whc were uot members of the General l Assembly. For that reason, Mir. Presi- l