The Montgomery advertiser., 1901-08-30

T
 the Union. adopt a change which is
 not only radical, but without a singie precedent in a State of this great Re
 public. That a quadrennial session O.. l the Legislature is an innovation, al- most revolutionary in its character, nc one can deny: that its advocates cannot prove its blessings or benefits by point
 ing to the experience of State or gov | ernment where representative Legisla-
 lures or Parliaments exist is conceded | Therefore, it follows that we are asked
 to support this new, untried system | not because its advantages can be es- | abolished by the experience of other
 States or governments, but simply be- | cause its advocates assert 1t will be popular and will work advantageous.y
 Mir. President, l do not belong to that | school of conservatism which opposes
 every innovation. l admit that some
 of the wisest and most. salutary pro-
 visions in our Constitution were inno-
 vations, yet they were innovations | which had the support of experience or
 strong and convincing arguments. | can not give my consent at any time to
 write into our Constitution a provision
 which is so revolutionary as this. un-
 less it has the quality of positive bene-
 fit to justify its enactment. MT. Presi-
 dent, the fundamental and distinguish | | is that government must consist of
 three separate and independent depart
 ments, the executive. legislative and | judicial, each coordinate, maintained
 separately. acting within Its own
 sphere and not encroaching on the pow
 CTS of either of the others. It follows. | therefore, that any constitutional pro- vision which weakens or impairs the
 powers and efficiency of any one of the
 three coordinate departments of gov ernment must necessarily weaken and | impair the efficiency and harmonious action of the whole. MT. President, in
 the Bill of Rights, adopted by this Con- vention, we have carefully guarded against any encroachment by either of
 the great departments of government on the other, and yet it must be appa- rent to any one who has studied and understands our system of government, | that blow struck at either of the great departments of government must affect all. Each of the three depart ments, to some extent, act as check on the others, and if any department be struck down or its power impaired, you can not have a republican govern
 ment with the strength and power | which the framers of our system of republican government contemplated or intended.
 | MT. President, government by repre- | sentation is a principle derived from the oldest customs of the Anglo-Saxon race. Students of English constitu- | tional history can trace the existence or representative assemblies to every pe- riod of its history and national exist ence, even to remote antiquity. From the earliest tribal history down to the present day, there was some form Of a | legislative body, representing the peo- ple, framing their laws, and assisting | in their government. With all It's de- fects, our representative system is the best the wisdom and experience of man has yet devised. A lower house, whose
 membership is frequently changing, by frequent elections. secures closeness or
 touch and sympathy with the people. An upper house, with smaller member ship, representing a larger constitu- ency, and for longer term. secures that deliberation, that calmness ana conservatism which are essential 10 guard against sudden and unreasoning popular prejudice, to give stability to our laws, and in seasons of clamor, un-
 rest, and disturbance, to save the peo-
 pie from the folly of their own excite
 ment and emotions. This has been
 the system which has always prevailed in this State. The lower house has always been elected every session of the Legislature, thus directly coming from the body of the people represent ing their wishes and aspirations, the upper house, or senate, smaller in num-
 Der, representing a larger constituency,
 holding for a longer term. acting as check on nasty legislation, not so sen- sitive to popular clamor or excitement. This system we have abandoned. Un- der the provisions of the Constitution, as adopted, the Senate and House hold for the same term, and the system of balances and checks which our fathers so wisely and carefully devised, we
 have destroyed without single argu-
 ment being advanced in it's favor. ex-
 cept that the people were weary of ire
 quent elections.
 Not only have we ruthlessly departed from this system
 which has prevailed not only in Ala
 bama but in every other State of the
 Union of electing the Senators for longer term than the representatives,
 but we have provided that the people
 shall not be allowed to meet through
 their chosen representatives to legis-
 late oftener than once in every four
 years.
 MT. President. the legislature of Ala
 bama is simply the people of Alabama through their chosen representatives meeting in assembly to repeal. revise
 or make their own laws and the whole argument in favor of this innovation
 is based. after being stripped of all subterfuge. on a want of confidence in
 the capacity of the people to govern themselves. Under our form of govern
 ment the people could not meet en | masse to legislate as they did in the | days of the Grecian Republics, and | hence they must select certain of their
 numbers to meet and represent them and frame such laws as may be re- l quired to maintain good government. Hence the advocates of this change | cannot deny that their whole case rests
 on the theory that the people are not ] to be trusted. It is claimed that if the legislature meets it will pass bad | laws, disturb and unsettle business, | and should therefore meet as seldom as possible If this is true. Is it not a pitiable confession for a self-governing | democracy to make? Is 1t not an ad- mission that government by the people | is a failure? MT. P&sident, I for one, am not prepared to make such an ad
 mission. I for one. am not willing to declare that because the last session | of the General Assembly was not char acteriZed by wise legislation, because
 1t aroused popular discontent and crit
 icism to go to the extent of assuming that a system which has prevailed in
 Alabama for nearly century under which we have grown and prospered | and become a mighty and powerful | commonwealth. enjoying the blessings | of good government should be over
 thrown simply because one session of