The Montgomery advertiser., 1901-08-07
AFTERNOON SESSION.

1ShS0etSS RASoSAS eROAA sA%S S-~~A ~N --ft~ roll.
 The President--when the Convention adjourned in the morning we had un- der consideration the report of the Committee on Judiciary, consideration of an additional section proposed by the gentleman from Lauderdale. The gentleman from Lauderdale had the floor.
 MT. Ashcraft--Mr. President and gen. tlemen of the Conventions: l was about to say as we adjourned for dinner, that we sat here in a representative ca pacity, and that upon us is laid the re- sponsibility to see that the administra- tion of public office is administered in the wisest and most economical way. If we should fail to put this provision in the Constitution of Alabama, when we go back to our people, and those who oppose our work ask why was 1t you were unwilling to reduce expenses, why were you unwilling to place the clerk of the Supreme Court upon a salary when the Governor, the Secre- tary of State and other State officers have been placed upon salaries! So- licitors have been placed upon salaries. At one time the Solicitors of this state were on fees, but in the progress or business the fees multiplied and became or SuCn T1dknlluuG thut ShGy S&AAA~e& WY the Solicitors unreasonable compensa- tion for their work. The result was, the Solicitors were put upon salaries and the excess fees turned into the Treasury. We should pursue the same wise and economical policy in tnls matter that we do in our private af- fairs Why not transact the business of the State in the same economical and just plan that we transact our own business? We do not ask that the clerk work on a low salary; we do not ask anything of the kind. We ask that ne be reasonably compensated, and what ever is in excess of that amount taken from the people shall be returned to the people in the best method we have of returning it to them. The attempt to reduce fees will be in vain until the incentive for lobbying has been remov- ed from behind the effort. Let us put the clerk upon a salary and then there wil, be nobody having personal ln- terest in keeping up exhorbitant 1ees' and affairs can be placed upon an eco- nomical basis. it Is not proposed 10 interfere with the compensation or the present incumbent, and l do not believe that the people of the State Will Justi- fy us when we say in answer to tnelr question: Why did you not reduce the cOmDGnSatlOn LII tiiC CACAh OA NA@N
 preme Court? I do not believe they will justify us If we reply that the present incumbent Is a man of extra ordinary high character; that he IS an excellent man and that he will proDapiy occupy the place again. l do not De- l,eve that Is a sufficient justification TOT continuing to pay an official an exoroi- tant compensation in fees. and that It ia exorbitant we all know. because 1T if were not exorbitant nobody would hesitate to put him on a fair pasls' nobody would object to that proposi tion, so I can see no good reason except our personal regard for the present 'h- cumbent and the probability that ne will occupy the place again. lh coh'i"- uing the present plan.
 Mir. smith (Mobile)-Mr. President in tbe consideration of this question Tn the committee. I took absolutely no mart whatever in the discussion nor have taken any part in the discussion of if here before the Convention. IL was my purpose to allow the ConVen- tion to pass upon this question as it might see proper without any dlscus- sion whatever by myself as the cnaI man of the committee, but the sehtle- men who have seen fit to attack the re- port of the majority, nave taKeh the n0EtttOn
 nossess the integrity and the virtue that is among the delegates in tnis and that those who thousht differently from them were actuateu by some improper motive. They nave snoken of 1t here as the result or looDy- = inp and have referred to 1t time ana again in that way. Not only have they practically denounced the balance or the Convention as not sincere III this matter, but they have charged that u was absolutely impossible ever to oO- tain justice or right from the Leglsla- ture of this State, because they too' were subject to the influence of loooy- ing Now. MT. President, it seems 10 me that that is assuming a great deal more virtue than these gentlemen haVe' a very great deal more, and IL seems Io me that 1t is taking the position that the balance of these delegates are ac. tuated by motives which they cannot be justly charged with.
 SD far as I am concerned, 1t seems to be that a fee basis, except whers tho man who does the work mas the op- portunity of manufacturing puslness' is the proper basis. 1T man ooes a great deal of work, he should receive a great deal of pay, and if he does very little work, then he should receive very little pay. In the case of Solicitors there is an evil to be guarded against. The Solicitor may be subject to temp tation to prosecute people whom he ought not to prosecute, for the purpose of enhancing his compensation. NO such temptation can obtain with the clerk of the Supreme Court. He has no control whatever over the number or cases that come to that court, and ] think, therefore, he stands on dlner- ent basis. and the question should De controlled by different principles than those applicant to the Solicitor. l think the proper and just way of com- pensating is by fee. If the fees are too high, then they should be reduced, ana the fact that they are too hlgn is no reason whatever why the basis of compensation should be different. What is the argument that he should not be paid by fees? The argument Is that every man save these speakers are dishonest and that therefore 1t IS not practicable. It strikes at the very life of our form of government, Dy saving that we cannot trust the legls- lature because the last one of the leg islators are dishonest. l say 1t IS no argument; it is vicious assault on the forms of civilized government and we cannot act upon 1t. Now, then
 something has been said about the magnitude of these fees. These gen. tlemen have said that he should not receive several times the amount that our Judges of the Supreme Court re- ceive. Have they here shown or been able to state upon their own informa- tion that these clerks receive such an amount? Not at all. But they have said that these neople need the influ-