The Montgomery advertiser., 1901-08-06

6QOptlOn OI tHe ccCttoH az kSP~A e~o " | the committee be sustained. The main question was ordered upon | the section as reported by the commit- tee.
 MT. Hefiin (Chambers)-I move it's | adoption.
 Upon a vote being taken the section as reported by the committee was adopted.
 MT. deGraffenreid-I move that we | adjourn. I ask consent to withdraw 1t. | I thought we adjourned at 6:30. | Objection was was made to the with l drawal of the motion.
 | Mir. Waddell-I renew the motion. Upon a vote being taken division was called for. and upon a vote of 8 | ayes and 39' noes the motion was lost, | MT. Reese-I call for the regular or | der.
 The Secretary read Section 2s as fol- | lows:
 | Sec 26. Clerks of the Circuit court shall be elected by the qualified elect | ors in each county for the term of six years and may when appointed by the Chancellor. also fill the office of Reg ister in Chancery Vacancies in such office of Clerk shall be filled by the gov ernor for the unexpired term. .-....
 Mir. NeSmith-In view of the action I of judges at six years. I respectfully beg leave to withdraw the minority | report
 There being no objection the minor ity report was withdrawn. | Mir. Heflin (Chambers)-I move the adoption of, the section.
 | MT. Oates-I desire to offer an amendment.
 The Secretary read the amendment as follows: Amend Section 26 by striking out of lines three and four the word Governor" and inserting in lieu thereof the words The presiding Judge of such court.
 MT. Oates-I will state briefly why I offer this amendment. Of course there is nothing like so many occurrences of this kind per annum as there are elec- tions in election year, but occasionally clerk of court dies. very seldom do they resign, and then petitions usually are brought and representations made in favor of several rival candidates for appointment, to the Governor Of the State. As a rule the Governor does not know the applicant. and he has to appoint a man upon the representations of those wht are friends of the respec- tive candidates. not knowing who is the best qualified to be appointed to fill the unexpired time. I know some thing. sir, of that kind of trouble, and know furthermore that any man who serves as Governor of this State has my sympathy on account of experience had when in that office. Out of curi- osity the day before I left, I had the Private Secretary to go over the rec ord and see how many appointments to office. great and small. l had made during my incumbency of two years. | r. fUn fhOng2nd little over one thousand a year. That is enough to perplex. and politically ruin almost any man in the word who occupies that office. Now. sir, who is better qualified to make the appoint ment than the Governor. Who is bet ter qualified. I say, to make the ap- pointment than the Governor? It is the Judge of the Court.
 MT. Walker-Wouldn't you get the judge into a great deal of trouble?
 MT. Oates-Well the judge is there to have that kind of trouble. He knows more about it. It is the court, and the clerk is the most important officer to him. for a prudent judge will look and see that the clerk writes up his minutes correctly and that he executes his office in the main properly. and Is not the judge of the court more com- petent and better informed as to who could fill that unexpired term we'll than the Governor. who. perhaps. hun- dreds of miles away depends entirely upon the representations of friends ta' yoring the one or the other of the riva candidates? 1 believe 1t is better, and I believe that, as a rule, better mer would be selected to fill the unexpire1 term when we leave it to the presiding judge than to the Governor. and that is the sole object of the amendment offer.
 MT. Cobb-I want to say, MT. Pres ident. that the Committee were not unanimous on this question, and SC far as am concerned. am in favor of the amendment offered by the gen tleman from Montgomery. believe the appointment ought to be made by the judge. I think he is the best off cer to do it. and hope that this Con- yention will accept that amendment.
 The reading of the amendment was called for and it was again read by the Clerk.
 MT. Cobb-I will ask that not the "presiding judge" of such court but that the Judge of the Circuit Court be substituted.
 MT. Oates-You see 1t may be City Court or a County Court. It would give it to the Circuit Court Judge.
 MT. smith (Mobile)-The section only applies to circuit clerks and does moi apply to city clerks at all.
 Mir, Reese--I think 1t is a very wise and timely suggestion l do not thinH anyone can possibly imagine persor better qualified to properly fill tht vacancy of a clerk than the judge whc presides over that court. and l car not possibly imagine any objection tc 1t and therefore. Mir. President, I move the previous question on the amend mcnt and the section, and l hope Il will be adopted. ,.
 MT. Cobb--I hope the gentleman WI accept my suggestion. It only applies to the circuit clerks. and to preven any mistake. I think it should sal fudge of the Circuit Court insteac of the 'presiding judge" --.
 The President-Does the gentleman from Montgomery ask unanimous con sent to make the amendment?
 By unanimous consent the amend ment was ordered
 Irron vote heinz taken the mail question vas ordered.
 r-'-o o,,.~s-'or heioo nut the amend --or' ofForoH hv the gentleman iron Montgomery was adonted.
 The question recurred upon the adon Ii~-- -r 'No ~>ct'oo a1 o~o"n@ed = Upon a vote being taken the section ''---N faxEA --