The Montgomery advertiser., 1901-08-06


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 MT. Cobb-It is a matter of surprise to me that any lawyer familiar with the business of our Supreme Court. and more particularly so eminent a gentleman as the one who has just ad- dressed you, should hesitate for one moment to recognize the fact that this Is not an officer who should be elected by the people. There is no use for us to run wild on the question of election by the people-that is a proper system. one that ought to prevail, wherever 1t pertains to an officer dealing directly with the people. having the peoples business directly in his hands, and with whom he is brought directly in con- tact. Such is not the condition, and not the position of the clerk of the Su- preme Court. He has nothing to do as such. Of course, he transacts their business, but his business is directly with lawyers and the court, and he has very little to do with anybody else. Not only that, gentlemen, but his relations to the judges of the Supreme Count are very peculiar and intimate.
 Mr. Hood-What objection have you to putting the clerk of the Supreme Court on salary?
 MT. Cotb-I have not got to that yet. As I was about to say. his relations with the judges of the Supreme Court is peculiar and confidential. We all know the great importance of secrecy on the part of the Supreme Judges in conducting their business. 1t would not do for the consultation room of the Supreme Court to leak. We do not want to know, and no man has right to know, what is going on there until these eminent officers give out the re- suit of their deliberations and labors. Great harm would come from 1t if that were the case. Now, the relation of the clerk to these men Is an intimate one; he knows what is going on in the consultation room necessarily. They have to deal directly with him; he is the keeper of the records of all mat ters that come before the judges; they pass through the hands of the clerk, and he occupies this peculiarly confi- dential relation which makes it highly important that he should be a man peculiarly fitted for that position. Now, gentlemen, political convention can- not determine these things; a political party cannot determine these things. and the people cannot well determine them. The Judges of the Supreme Court, knowing the importance of their work, and knowing the importance of the manner in which that work should be conducted, alone know about these peculiar qualifications which fit man for this confidential relation with | them. They want man that they can trust implicitly as they trust them selves, and there is no reason, as has been pointed out so forcibly by the gentleman from Montgomery. why we should change a system which has worked so we'll for so long. There is | no better way presented, and unless
 
 the old way, that having been so satis- | factory, and given such satisfactory results. So much, gentlemen, as to the manner in which the Supreme Court clerk should be elected. Now. so far as his being put upon a salary is concern ed, you have had enough already pre- | sented. General Sanford has told you pre-eminent reason why it should not be done. In the first place. he is on the same sort of pay that the other clerks are through out the State and in the next place the Supreme Court Clerk must of ne- cessity have assistance, he cannot do the work himself.
 Mir Sanford (Montgomery)-And his services do not cost the State a cent. Mr Cobb-And his services cost the State nothing. It comes out of the litigants. and he is compelled to have assistance. just how much he cannot 1 tell
 MT. Graham (Talladega)-I wish to ask the gentleman if he does not think that the fee system is excessive in the Supreme Court and against the people who have to pay these bills. I under | stood him to say a while ago that the l people have nothing to do with It. l want to know if they do not have to pay the fees, and pretty high fees at | that.
 Mr. Cobb-It is true. 1 did not mean to say he had nothing to do with the people. The proposition is entirely cor rect. He has to transact the business of the people, that Is a fact, and is paid by the parties litigant. Now, if his fees are too high, reduce them, let the legislature reduce them. l don't know whether they are too high or not. l If they are too high. go before the leg islature and say to that body that there is too much coming out of the pockets of the people and get the leg islature to give a proper scale of feeA That is where your remedy is.
 Mir. Stanford (Pik9)-If they do not do it. and he is paid a salary, the lit | igants do not get the benefit. MT. Cobb-And as suggested, if you put him upon a salary. why the fee system is to be maintained, these fees are to go into the public treasury. MT. Graham (Talladega)-Would it not be much easier to get the legisla- t,ure to reduce the fee system if there was not a man behind the fees than 1t would if the man was on a salary?
 MT. Cobb-That brings up the old, old story. Still "harping on my daughter" and that is. that some man can go before one hundred and thirty five legislators of Alabama and con- trol them by his will. 1 don't believe 1t.
 MT. Boone-Isn't 1t a fact that the bill of costs in the Supreme Court now average only about $1S.50, and S6 of that goes to support the State Library:
 Mir. Cobb-That is true. When say go before the legislature and reduce | these fees 1 don't want to he under stood as saying they are too high. The Supreme Court Clerk from the esti- mate that my friends suggest received not more than $10 or SIP on an average l in each case. | MT. Reesa--I will ask the gentleman if he thinks it would be right to pub lie policy and the State of Alabama to nav these officers a salary. and then use the courts as a source of revenue in collecting these a ne Fees. The ought not to collect more fees than it costs to administer justice.
 MT. Cobb-The gentleman is putting before you my idea better than l could 1 do it myself 1 don't think that would be wise. but have not got through With