The Montgomery advertiser., 1901-09-20
trade. calling or buzness."
 ExscutfYa Department.

The office of Governor is one of great honor. The Governor, more than any other one officer. empomes m n,s own pie, and is the source of many good or evil impulses in the administration of the laws. 1t has been the aim of the new consecrate 1t entirely to the service of the people. The Governor Is shielded from the misconstruction and opposition often wrongly directed against nsm. xnen the ne swayed by a desire to obtain other of- fces, and he is saved from the tempts- ton to abuse his powers, by denying to thereafter. the right to election or ap- pointment to the United States Senate, or any office under this State. Ambition and sIty siks under sTcn SsTnton to ns great trust, leaving the people to mete out such reward as his acts merit, after he has gone out of power:
 rect choice ' of their Chief Magistrate. The office. of Lieutenant-Governor has been created. He presides over the Sen. ste. and unless called to the discnarge or diem as the Speaker of the House.
 The Governor has been guarded aga'nst personal solicitation Of persons seeking pardons by the creation of Board of Pardons which meets at his call and sits in public before whom all applications for pardons, communications and paroles In felony cases must r ne iaia, tSs~ ana The T,he 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 the exercise of the power: but the hnal responsibility is left, where 1t should ale ways rest. upon the Chief Magistrate.
 Under the existing GonStisnton, sxa " wnsn s1 low the bill to fail or to pass it over the veto In legislation errors and omissions are often inadvertently made which the Legislature would gladly correct. if the opportunity offered, to meet executive objections. Under the new instrument. the Legislature has the choice of amend- Ing 2 vetoed bill and again @ sending It to pass the imperfect bill over the veto. The Independence of the Legislature is not thereby trenehed 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 Governor, Attorney-General. State Audi tor, Secretary of State and State Treas urer have been added to the officers upon the Governor and Lieutenant- Governor die, resign or are removed, more than sixty days prior to a general election for any State officer. 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 houses resPsctiysly in ssosrtsiniss ascertain gs. and 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 of past experience. to make the constitu- adapted to local wants. After the first election under the new instrument, two of the Associate Juatices of the Supreme Court are to be ds eisctfd every two @ yeasir ysnsirs 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 Jurisdiction of both courts, and in counties having two or the consolidation of all courts, ex- cept the Probate Court, with or without separ ate divisions. with sufficient mum. Der of. judges to transact the business of "A A Circuit or chancery division must con- tain not less than three counties. unless one of them has q population of 2o,0 or No courts of general Jurisdiction at law or in equity, or both, can hereafter Do established for any one county having less than 20.OOo population and property assessedfor taxation at less than $3,50 OD.
 Appointees to judicial vacancies, hold office only until the next general election for any State ofiicsr, six months after the vacancy occurs. When new circuit or chancery division Is created more than six months prior to general election for any State officer. the Governor may ap- point the judges thereof, and the ap- ceesor Is elected at such election. Solici- tors for each judicial circuit, or other territorial subdivision prescribed by the TSaiified electors solicitor for any particular county, may be elected by the qualified electors, or appointed by the Governor as the Legislature may pre-
 Where one or more precincts lie within, or partly within, city or town having not less than 1,6OO inhabitants, the Leg stature may provide for the election of not more than two justices of the peace and one constable for each precinct, or in lien of all justices of the peace therein may provide an inferior court Mltn il very The Leglslature shall prescribe uniform fees for justices and constables through out the State. In prosecutions for rape or assault with intent to rayish. the court in its discretion, may exclude from the court room all persons except such 1s may be necessary in the conduct of the trial The LEBlsIdIHB POWCE tO abolish all courts, except the Supreme And the probate courts. when their ju- risdiction and functions have been con- fcrrcd on some other court; but not so I'm office Registers in chancery are re- uiired to have resided in the district at the time If their appointment and for one year preceding. and their fees shall be uYiform throughout the State!
 The Legislature is left free to change or abolish constitutional courts. i except the Supreme and probate courts, and is prevented from establishing courts, as has been sometimes done fin the past, | for counties whose population and wealth 1 could lilly bear the cost or maintaining the court. .,- ...
 The new instrument curbs, for the first | time. the hitherto unrestricted power of the Legislature to create new courts; ana fn,Ist. therefore, be superior to the old | Constitution in this respect Yet there | ers those who permit themselves to argue | that under the lesser and restricted power | in inc new Constitution, there is greater | danger of abuses m the creauon or new courts than was possible under the great ar and unrestrained power to increase | fbam 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 Protecuon or ths ciusem; a towns can not be used for any public | ,,tt,,Tv or private enterprises without the | consent of the proper authorities, The l Legislature is forbidden to allow the pay State which will relieve from the pay | rosnt of all privilege taxes or licenses un- 1 d.r jts laws Bonds can not hereafter | be issued by cities. counties or towns un.
 lSSS a,,ali6gd electors, with the eXcep-