The Montgomery advertiser., 1901-08-06
AFTERNOON SESSION.


 to adjourn was carried.
 AFTERNOON SESSION, The Convention met pursuant to ad- Journment, there being ninety-two dele gates present upon the call of the roll. The President-The special order for this afternoon is considerable of ths report on Judiciary. We had under | consideration Section 16 when the Con- vention adjourned in the forenoon The Secretary will read Section Is. There seems to be two minority reports The Chair wile rule the first minority report | be considered as ar amendment to the | amendment. The Secretary will read the section as reported by the com mittee, then the first amendment, then the second amendment, which latter will be the subject before the house 1 The Secretary read Section 16 as fol- l lows:
 Sec. 16. Except as otherwise provid- ed in this article. the Chief Justice and Associate Justices of the Supreme | Court, Circuit Judges. Chancellors and Judges of Probate shall hold office for | the term of six years, and until their | successors are elected or appointed and | qualified; and the right of suck Judges and Chancellors to hold their offices for the full term hereby prescribed shall not be affected by any change here after made by law in any circuit, divi- sion or county. in the mode or time of | election.
 The Secretary read the first minority repoht by Messrs. Watts and others as | follows:
 Sec. IS. In the year 1904, Judges of the Probate Courts. Judges of the Cir cult Courts and Chancellors shall be elected by the qualified electors of the | respective Counties, Circuits and Chan cery divisions for a term of six years. and until their successors are elected and qualified. In the year 1910, and every four years thereafter. Judges of the Probate Court shall be elected by the qualified electors of the respective counties for a term of four years, and until their successors are elected and qualified. The right of such Judges and Chancellors to hold their offices for the full term hereby prescribed shall not be affected by any change hereafter made by law in any circuit, division or county in the mode or time of elecetion.
 The Secretary read the second mil nority report by Messrs. NeSmith. Fitts and Duke as follows:
 Sec. Is. Except as otherwise provided in this article, the Chief Justice and Associate Justices of the Supreme Court shall hold coffee for the term of eight years, and until their success i ors are elected and qualified. Circuit Judges, Chancellors and Judges of Pro- bate shall hold office for term of four years except as otherwise provid- ed in this article, and until their sue cessors are elected or appointed and qualified. Providel, that this section shall not operate to abridge the term of any Justices of the Supreme Court Chancellor or Judges of Probate now in office; And provided further. that the Justices of the Supreme Court, Judges. Chancellors and Judges of Probate | elected in 1904, shall hold office for the term of six years, and until their suc- cessors are elected and qualified.
 The President-The question will be on the amendment to the amendment of the section reported by the commit tee.
 MT. NeSmith-The purpose of the gentlemen who join with me in making this minority report is largely to carry | out so far as possible what seems to be the purpase of this Convention in hold | ing an election every four years and to | avoid elections between times or bien- nial elections. The plan as proposed by the majority of the committee in the next section will necessarily result in an election for Judges every two years so long as this Constitution may re- main in effect by providing that a certain number of Supreme Court | Judges shall be elected every two l years. The minority for which I speak ! attempted to carry out that idea also in reference to the Supreme Court Judges by providing that that time shall be eight years. that as nearly as possible one-half shall be elected every four years. As l understand the re- port of the minority of tine committee | headed by the gentleman from Mont gomery, MT. Watts, is iri substance the report of the other minority report except that it provides that the terms of Circuit Court Judges and Chance- lors shall be eight years instead of four years as reported by us. The Convention is aware of the fact that the Executive Department has report ed an article which has been adopted by this Convention providing for the election of Governor and other State officers every four years. The Legis- lative Department has proceeded along that line, and the Convention has adopted that report providing for the election of Senators and Represen- tatives every four years. It will be said that we will have national cleo tions every t9ur years and that this election for judges may be held at the same time. to avoid the expense. MT President. for great many years we have held our State elections separate and apart from national elections, and I am one of those who was opposeS . to thu change at this time. However that 1aay he wise. We know not when. for some reason-from Federal interference. perhaps-that we eVil wish to change the election from .lo- vesgibrt to some other time in the yyAr The Convention has provided frr that by leaving 1t within the jurls. fiction of the legislature so to do. IT