The Montgomery advertiser., 1901-06-30

psovni of the people.
 The large membership, one-tnird more than in the former conventions, has necessarily impeded to a corres- bonding extent, epeed in the work or the body. but whether this is mis- f1ftune or benefit to the people re- mains to be seens when the deiioera-
 unns of the convention are ended. One of the important acts of the last Legislature provided for the failure Of the Governor elect to qualify at the beginning of his term, and the conse- ! duence of his failure as regards the succession. The act provided in that event, that the President of the Senate ana the Speaker of the House in the order named, shall assume the duties uf Governor. Section IS of the Consti- tuition, in terms speaks of the Governor only; not the Governor-elect. AS the Covernor-eieet, can never become Gov ernor until he qualities, the case of q refusal to qualify could only refer to the Governor-elect. which shows that the section referred not merely 70 the disability OF failure to qualify uf the Governor but to the Governors elect as well. The constitutionality of the act, which was passed over the NTOYGT1OT V NClO VIII hINSA ON 0ASo0he tn question in the courts. if the work vf the present convention Is adopted. since 1t has provided for such case m words that are not capable of doubt UT doubiemeaning.
 By subsequent enactment. 1t Is provided when the Governor is under disability, by reason of sickness. the next officer shall administer the office until the Governor appears in person at hi soffice and files a declaration with the Secretary of State that he resumes the discharge of such duties, and upon the filing of this declaration. the Gov ernor Is reinvested with the power and authority pertaining to his office. :" When the Governors disability ends.
 the express terms of the Constitution
 reinvest him with the power to exercise
 the duties Of the office. The provision, while furnishing a good rule for the
 orderly conduct of the office, Is of very
 questionable authority. When the
 disability ends. the General Assembly
 can not interfere with the Governors
 right to exercise the office, because he
 did not come to the capital or did not
 file such declaration with the Secre-
 tary of State. With the ending of his
 disability the Constitution provides
 that he may exercise all his functions.
 and the General Assembly is power
 less to continue the disability, until he
 does the things required by this act.
 There might be reasons which require
 the performance by the Governor of his duty elsewhere than at the capital
 as soon as he recovers.
 . An act "to provide for the payment
 of salarytoHon William J. Sam
 ford, Governor, during the time of bis
 disability to discharge the duties of
 the office of Goverior'' illustrates the
 extreme conscienriousness of the late
 Governor. The Constitution fixes the
 Governors salary at stated sum which
 shall not be increased or diminished during his term. There Is no law or custom which deprives him of his com-
 pensation when sick and unable to dis
 charge his duties. The Section of the Constitution referring to the officer who administers the office during the Gov ernor's disability, uses the words "the
 same compensation winch the Governor
 would have received" This was con- sidered by members to mean a. like amount as the Governor would have received. Thinking, however, the Con-
 stitution might mean that identical money which the Governor would have received, should be paid to the ad in- terin incumbent, Governor Sanford though satisfied in his own mind, tn- sisted on the General Assembly pass ing judgment on the matter by special act.
 Another important act confers upon foreign railroads, quarrying and manu- featuring corporations doing busi- ness in this State the same power to invoke the right of eminent domain, as is granted to domestic corporations un- atuo Tva pect, Alabama is in advance of many of the States, and the wisdom of such is not altogether clear.
 An amndment of Section 627 of the Code makes elaborate provisions for of lands by the United States. An act approved December 5th, 1900. authorizes, in the case of ab- 1 debtors, the filing of suit and the service of the summons on Sunday | Section iSl2 of the Code. relative to l biIls to compel the determination of | claims to lands and to quiet title" g4ves jury trial in suits in equity, and | binds the court to conform to the ver- dict. though 1t authorizes a new trial l Section 4145 of the Code Is amended to | require the mortgagee or lien-holder | when . claim is interposed therein, to | state the amount, when due, etc. and l authorizes the plaintiff to pay the | amount ascertained to be due, and re- quires that the property be sold for l such preferred debt, as well as the | of the plaintiffs judgment. | Section 2127 regarding unlawful detain- er, provides that leaving a copy of the demand in writing at the usual place of abode of party holder over. is q sufficient demand. Section 1166 of the Code, concerning consolidation of rail- road corporations is amended so ss to stockholders who refuse to com vert their stock into the stock of the new corporation, be paid the actual value of their shares instead of re- seiving par value as under the former section of the Code.
 An act approved February 10, 1901, in many particulars the Sys- .em of examining and licensing teach ITS for the public schools with the view # procuring fairer examinations, and 'afsing the standard of character and 
 Another act made the Railroad Com Ii Lssion an advisory board to the Gov rnor In the matter of pardonS and 
 Appreclating the importance of a orrect history of the State. the Gen. ral Assembly wisely established the of Archives and History md made very moderate provision for ts maintenance and efficiency.
 Section 49s6, relative to jury duty has 'een amended, whereby the owner of public stage as well as driver. and