The Montgomery advertiser., 1901-08-06
OFFICIAL REPORT OF THE PROCEEDINGS OF
 THE CONSTITUTIONAL CONVENTION OF lAbAMA

be considered along with the Legislat- i've Report before the Committee on Order. Consistency and Harmony. therefore move that resolution No. 1s4 be made the special order after the special order which now obtains. Upon a vote being taken a division was called for. and the motion was carried by vote of 22 ayes and 2l noes.
 MT. Whiteside-I ask unanimous con- sent to introduce an ordinance. Ordinance No. 439 was read as fol- lows:
 Ordinance No. 439. by MT. Whiteside: An ordinance to amend section of Article XI. of the Constitutions:
 Be 1t ordained by the people of Ala bama in Convention assembled, that section 3 of Article XI of the Consti- tuition heretofore adopted by this Con- vention be and the same is hereby amended by adding thereto the fol- lowing: And provided further, that out of the counties of Calhoun. Cle- burne and Cherokee new county may be formed under the provisions of this article. to have an area of not less than 400 square miles. and to leave each of said counties of Calhoun, Cle- burne and Cherokee with not less than 450 square miles.
 Referred to Committee on State and County Boundaries.
 Tn President-It is moved that the regular call of the roll of delegates for the introduction of ordinances, resolu- tions etc, and the regular call of the standing committee be dispensed with
 Upon vote being taken the motion was carried.
 The President-The special order this morning will be the consideration of the report of the Committee on the Judiciary Department. The Convention had under consideration when 1t ad- journed section 10 of this report. The secretary will read the section.
 Section 10 was read as follows:
 Sec. 10. The General Assembly shall have power to establish in each county within the State Court of Probate. with general Jurisdiction to grant let ters testamentary and of administra- tion and of orphans business: provided that whenever any court having equity powers has taken Jurisdiction of the settlement of any estate. it shall have power to do all things necessary for the settlement of such estate. in- cluding the appointment and removal of administrators. executors. guardians and trustees and including action upon the resignation of either of them.
 MT. Smith (Mobile,-1 move the adoption of that section.
 Upon a vote being taken the section was adopted.
 Section il was read as follows:
 Sec, II. The Justices of the Supreme Court. Chancellors and the Judges of the Circuit Courts, and other courts of record, except Probate Courts. shall, at stated times. receive for their ser vices a compensation which shall not be diminished during their official term; they shall receive no fees or per. ouisites, nor hold any office (excepe judicial offices) of profit or trust under this State or the United States. or any other power during the term for which they have been elected.
 Mir. Smith (Mobile)-I move the adoption of that section.
 MT. Oates-I have an amendment which I presume will be accepted by the committee. It is to amend by adding at the end of the section the word "appointed." so as to read "elect- ed or appointed"
 The amendment was read as follows: "Amend Section Il by adding thereto the words Or appointed
 MT. Smith-The committee asks un- animous consent to accept that amend ment.
 
 Mr. Macdonald (Montgomery-)I was about to prepare and will prepare an amendments to this section and desire a few minutes for that purpose.
 MT, Oates-I have another anend- ment which I desire to offer.
 The amendment was read as follows:
 Amend Section Ii by adding thereto as follows: And shall not during their continuance in office, take an active part in partisan politics.
 Mir. Oates-I have but two or three words to say In favor of this amaNd- ment. I remember when ! first came to the bar, and for good many years after the war. l never heard or any judge taking an active part in politics. It was considered 8 non-partisan ol~ flee; but in more recent years. nave heard, and known personally, of judges in some cases going into campaigns and taking an activ" part in politics. I think it is an impropriety. think it is wrong. They ought to abstain from i., and that Is all there Is in this amendment, that during the time judges are in office, none of them shall take an active part in partisan pohtics. I hope it will be adopted.
 MT. Walker (Madison)-The purpose of the amendment offered by the gen. tleman from Montgomery certainly will meet general approval, but as pre- scented, it does not seem to me it would practically create any control over the conduct of those officers. There Is no standard fixed. It would practically amount to nothing. It is a matter of public sentiment. It is matter of the prevalence of ideas of propriety on the subject. and it does not seem to me that provision of this kind would practically operate to control the con- duct of judicial officers.
 MT. Oates-I want to aek the dele gate from Madison if it would not, if incorporated in the Constitution, be a violation of the oath of any judge who has sworn to support the Constitution, to take part in partisan politics7 Would 1t be at all necessary to fix penalty? It seems to me that if it merely show; the impropriety or disapproval of tho public in it. that any judge would have enough regard for himself and his character to comply with 1t.
 Mir. Walker-The answer to that would be simply this: That it would always be a question in the first place that the officer would answer for him. self as to what was an active particl- patton in politics. Judges who were disposed to keep aloof from politics and to have nothing to do with them, would do so, but judges who were actively interested in politics. would still exercise their influence as far as they could, without a violation of this constitutional prohibition. I do not