The age-herald., 1901-08-06
Sections as Reported by COn- mittGe Were Adopted and
 Amendments Lost
PEOPLE WILL EJECT JUDGES
Attempts to Have Them Appointed By the Governor and Again To Be Elected By the Legislature
 Proved Failure.
BY FRANK HARVEY MILLER.


 Montgomery, August 5.-tSpecial 1-The convention spent the day in considering the article on judiciary. The sections as reported by the committee were adopted amendments being of late in bad odor An attempt was made to reconsider the section making the court of chancery constitutional court, but the conven- ton refused 10 reconsider. There was some discussion over section lS in an att tempt to have the judges appointed by the Governor, and an amendment was also offered to have them elected by the Legislature. but the section as reported which made them all elected by the peo- pie was adopted.
 Some discussion occurred over the oues- tion of putting the clerk of the Supreme Court on a salary, but 1t was finally de- cided to leave him on the fee system There were two ordinances introduced today to create new counties. One by MT Taylor of Perry to carve a new county out of the counties of Hale, Perry, Dallas, Wilcox and Marengo. and one by MT. Whiteside of Calhoun who wants a new county formed out of parts of Cal houn, Cleburne and Cherokee The com mittee on State and county boundaries will meet tomorrow (Tuesday). to take final action on MT. CornwaIls ordinance to split up Jefferson county.
 The convention today unanimously adopted resolution expressing it's sym pathy to ex-Governor Thos c. Jones on account of the tragic death of his daugll- ter, who was run ove--aby street cav this morning.
 Convention Opens
 The sixty-third day of the constitution al convention was called to order by President Knox at Il o'clock A prayer vas offered by Rev. Mir. Howell. Roll call showed IS delegates present The committee on Journal reported 1t was correct.
 MT. Leigh of Escambia presented pe- tition from citizens of Brewton protesting against the railroad pass evil and ask ing that 1t be made unlawful for officials to use passes.
 MT. Graham of Montgomery introduced resolution expressing the sympathy the convention for ex-Governor Thos. G. Jonea in the loss of his daughter who was killed by a street car at an early hour this morning. The rules were suspend ed and the resolution unanimously adop- ted by a rising vote.
 Several leaves of absence were asked for and granted
 MT. Tayloe of Perry introduced an orfi- nance to amend section of the articlo on state and county boundaries recently adopted. so as to provide for the forma- ten of new county out of the coun- ties of Hale, Perry, Dallas. Wilcox and Marengo. The new county to contain 400 square miles and none of the other counties to be reduced to less thar 600 square miles.
 Mir Sanford of Pike moved to make his tag tax ordinance special order af- ter the article on judiciary. This was adopted by a vote of 22 to 21, the presi- dent casting his vote for th0 affirmative to prevent tie.
 MT Whiteside of Cuilman introduced an ordinance to amend section 4 of arti- cle 2 of the new constitution so as to provide for the formation of new coun- ty out of Calhoun, Cleburns and Chere,- kee of not less than 400 square miles.
 Article on Judiciary.
 The convention then took up the oon- sideration of the article on judiciary. Section 10, as follows, was read and adopted withcnt debate:
 Sec. 10. The General Assembly shall have power to establish in each county within the state court of probate with general Jurisdiction to grant letters tes- tsmentary and of administration and of orphans business; provided that when ever any court having equity powers has taken Jurisdiction of the settlement of any estate. 1t shall have power to do all things necessary for the settlement of such estate, including the appointment and removal of administrators executors guardians and trustees and including &C., ton upon the resignation of either of them.
 Section ii.
 Section Il was read as follows:
 section 1.-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 services a com pensation which shall not be diminished during their official term; they shall re- ceive no fees or perquisites, nor hold any office (except 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
 Governor Oates moved to amend by add ing the words at the end "or appointed ' This amendment was accepted by the committee.
 Governor Oates also moved to amend bv adding at the end the words "and shall not, while in office take an active part in partisan politics." He said he had known of judges taking an active part in politics and he thought 1t was wrong. s
 Judge Walker of Madison approved of the purpose of the amendment, but did not think it would have any effect It was a question of propriety and public opinion. The section would allow judges to decide the question for themselves as 1t fixed no standard. He moved to table the amendment which was done
 MT. Macdonald of Montgomery moved to amend by striking out all of the sec tion after the words .perquisites." He spoke in favor of this amendment. saying the salaries of the judges were redtcu-