The Montgomery advertiser., 1901-08-06

! the election of these judges. 1 have not been able to get the correct figures, but I am relia ply informed that Statn | elections cost about $S5.os0. Suppose | that we were to save twelve or fifteen of these biannual elections by this method. it would result in a saving to the State of something like five hum dred thousand dollars. and the inter- est accumulated on that would amount | to much more. As to the term of the | Supreme Corut Judges, the gentleman from Chambers. Mir. Duke. and 1 took occasion to look into the Constitution of the majority of the States and we find that the terms of the Supreme Court Judges range higher than six | years. It seems to be the wisdom of 8 majority of the leading States to have the terms six. eight, fourt zen years. and some for life. or during l good behavior, as you know that Is | the policy of the United States judi ciary system. As to the term of cir cult judges and chancellors 1t seems to me that four years is proper term. About that. though. am not particular whether that be four years or eight years. 1t may be said that four years is too short for good man to give up his law practice and so upon the bench and get out of the practice. In answer to that l mtgdt say that so far as my observation goes the men that make good judges can hold their position. they will dem onstrate within four years whether or not they are fit for the position. and l if so be- returned without opposition as a rule. but should he be unfit to 1 perform those duties we would be able | to put in some one who is fit. l trust that the report will be adopted.
 MT. Wilson (Clarke)-When the Committee on Judiciary struck this section of the article it found consid- erable embarrassment and difnculty In framing a section that would meet the views of a majority of that Com mittee. but after careful and mature consideration the majority ot the Committee decided that 1t was better | to leave the section just as 1t is In the Constitution of 1875. fixing the term of the judges including the Su- preme Court Giro nit, Chancellor and Probate Judges at term of six years The very fact that the minority Com- mittees could not agree on the same proposition emphasizes the difficulty that was in the way of the Commit tee and 1t seems to me that the posi- tion taken by the majority is the stronger position of the two. One of the minority reports suggests one proposition and another of the minor ity reports another proposition. NOW. | the only reason urged by either set or the minority reports for changing the term of the judges is to make the elec- ton of the judges come at the same time as do the elections for the other State officers at the general state elections. So in discussing the question it seems to me tAat the only matter that need be considered Is whether or not we would gain as much by chang | ing these terms to make them III the regular State elections as we would lose by changing the terms or the judges from the terms they have been for very many years in Alabama. Tn the first Constitution adopted Tn tnis State in 1919 the terms of the judges were during good behavior. l tnlnh every lawyer who has had experience with the Federal Judges knows tfat it is wise for the State to change from that system and the State of Alabama did change in 1880 by the first amend ment to the Constitution of 1Sls rom the life term or the term during ecod behavior for the term of ctx v' 'ars for all judges, and since the year ls5o 10 the present time the term of the judges in &his State has been Tor SIX | years. For seventy years the terms
 
 been as it now is. do not argue tbat inst because we have certain state of affffairs that 1t is always best to keep 1t, but I do insist that when II has been established for so long snu has been acted upon and lnd@rstooo has been a part of our system TOT so many years. unless there is a good req son it is not worth while 10 cnanse .nr ~,
 Now. what are the reasons urged TOT changing the terms from six years to four years for Probate Judges| Botn sets of the minority recommend four wears for Probate Judges. A part or inc minority recommend four years for Chancellors, Circuit Judges anu other inferior court judges. The other part recommend eight years TOT Chdn- CH- cellors. Circuit Judges and supreme Court Judges, but four years for Pro, hate Judges. They all recommenu four wears for Probate Judges and part of them four years for the other judges and eight years for the remainder. The only reason given in the minority re
 port for making that innovation IS that these elections might come when the general State elections are nelu' and save the expense of an extra eiec- tion. but, when you come to consider how few extra elections there will have to be YOU will see that we will not De comnensated for overturning thls pro vision which has been here for seventy wears for the benefit of the little saw ing we will gain. In the nrst place' both minority reports recommehu lla, all of the judiciary officers De elected in 1904. That is the time their present terms will expire. You will remempei that we have already fixed the tune TOT the election of State officers Tn lSo- so YOU have an election for judges al which there will be no election TOT State officers in 1904 if you adopt eltn- ar minority report or if you adopt tRe maioritv report, so there is no diter- ence on that proposition. We have an election for judges to start on III 1904. ..
 Mir. NeSmith-Isnt it probable that the committee on Schedule or Harmony will arrange that so as to harmoIil|e it? !. ,,,,
 Mir. Wilson, don't see how 1t VIII arrange it, unless this Convention un- does what it has done. It has proVlo- ed that at the general election m lSo. ali State officers shall be elected and hold for term of four years, and the minority has recognized that prop osition. because both minority reports recommend that judges be elected 1T 9o4 and hold until 1910. which is the lime State elections will come or again-no it is not the time,l but toui years from which would be the time that State election will come on again
 MT NeSmith-That election will be in 1902, for four years. That will put
 tzf fEAIl 3Hi