The age-herald., 1901-08-06

Washington, August 5.-The monthly report of the statistican of the department of agriculture shows the average condition of cotton on July 25 to have been TIP as compared with Sl,1 on the 18th of the pre- ceding month, 76 on August l. 1900, "A on August 1, 1899, and ten year average of S4.
 This was an improvement of conditions during July amounting to six points in Georgia. five points In South Carolina, two in Alabama and Mississippi and eight in Virginia. On the other hand, there was decline of nineteen points in Mis- souri, fifteen in Arkansas and Tennessee and thirteen in Oklahoma and Indian Ter ritory, twelve in Texas, seven in Florida, four in North Carolina and two in Louis- lana.
 The impairment in condition is largely
 due to drouth, but in portion of the <<<%%%~%-<-><-~4-& lously small and if they wanted to resign to accept a better position they should
 be allowed to do so. This amendment was tabled and the section, as amended,
 was then adopted.
 The privileges of the floor were extended to Hon. J. F. Jones, member of the Leg islature.
 Sections 12 and 13.
 Section 12 was adopted as follows:
 Sec. 12 The Supreme Court shall con sist of one chief justice and such number of associate justices as may be prescribed by law.
 Section 13 was read as follows: Sec 13 The chief justice and associate justices of the Supreme Court, judges of the Circuit Courts, Probate Courts and chancellors shall be elected by the quail fled electors of the State circuits, coun- ties and chancery divisions, for which
 such courts may be established, at such times as may be prescribed by law, except as herein otherwise provided. Goveqnor Oates moved to amend by pro- viding that the judges, except the judge of probate, should be appointed by the Governor by and with the advice and consent of the Senate. He said that judging by the past he had no idea that the convention would adopt the amend ment. yet he had the courage to offer it, as he thought 1t was right. He said q judiciary elected by the people was not an independent one, that a judge was but human and in a case between two parties one of whom controlled hundred votes and the other none, the judge could not help looking for reasons to decide In
 
 fuence. He cited the federal Judiciary system as an example of judges who were appointed. Is 1t not safe to leave to the Governor. the man of your choice, the right to appoint your judges? It was moved to table the amendment. An aye and nay vote was demanded, which resulted in the amendment being tabled by a vote of 76 to IS. MT DeGraffenreid of Hale moved to amend by providing that Judges, except the probate judge, should be elected by tho Legislature. the judge of probate to be elected by the people. He spoke in favor of his amendment, saying that by the adoption of the report of the suffrage committee there would be in future more independence of political thought and that judges should be- removed from political influence as far as possible. MT. Boone moved to table the amend
 ment which was done.
 The section as reported by the commit tee was then adopted.
 MT. Waddell of Russell moved to recon- slider the vote whereby section of the ar
 ticle on judiciary was adopted yesterday. This was the section which retained the chancery court as a constitutional court. Governor Oates spoke in favor of the
 motion, saying he had nothing to say against any of the chancellors., some of whom were his personal friends, but he
 
 and an unnecessary part of our Judicial system.
 Mir. Graham of Tailadega spoke in favor | of the motion saying the idea of abolish | ing the chancery courts was very popular | in his section; that the city or circuit | courts did the work more expeditiously.
 Either the circuit or chancery courts were | unnecessary If city courts or other infe- l rior courts were to be continued. The | prospect In this State was not the best for | an economical judiciary. He feared we were opening the door for too any courts. F MT. Graham of Montgomery spoke in fa- | vor of the section as adopted. He said l that consolidating the chancery cases with the circuit court would result In plac- l ing chancery cases at the heel of the | docket and that they would never | be reached. He spoke of the experi- | ence of New York. whose lawyers were | hoping for the tie when chancery courts | would be re-established. We might as | well have a court In which we are sure our cases will be tried. He moved to table | the motion to reconsider An aye and nay vote was demanded on this, which result | ed in the motion to reconsider being ta- bled by vote of 52 to 32. Section "A. | Section IA was read as follows: | Section 14-The judges of such inferior
  law established, shall be elected or ap- pointed in such mode as the General 'As- sembly may prescribe.
 | Mir Spragins of Madison moved to strike | out all of the section after the word | elected" and add ''by the qualified cleo | tors'
 | MT. Smith, chairman of the committee | on judiary, explained that the committee | had had this matter under consideration
 and that there were some counties where | conditions were such that it would be
 better to: have the judges appointed. | The amendment was tabled and the sec | ton adopted.
 | Section IS.
 Section 15 was read as follows: | Section 15-Chancellors and judges. of all
 courts of record shall have been citiSens | of the United States and of this State for | five wears next preceding their election or appointment, and shall be not less than | S years of age, and. except judges of 1 probate courts, shall be learned In the | law.
 MT. Macdonald of Montgomery moved
 to amend by requiring judges of probate 1 to be learned in the law He said this l had not been the custom in the past in l Alabama, but he thought it should be | changed.
 1 MT. Duke of Chambers said he did not | think a convention of lawyers should say l that none but a lawyer should hold this | office. It was an office which the people
 should be entitled to hold. He moved to
 table the amendment, which was done,
 and the section as reported, was adopted
 MT Reese of Dallas then. by consent
 introduced an ordinance to amend section l IS of the article on suffrage so as to pro- | vide that after 1906 the poll tax should be