The Montgomery advertiser., 1901-08-06

Clent, or IT ne SnOulQ DC &uHtt Ol any offense which may not lead to an im- peachment but still may cause his re- moval, or if he has vicious habits, he is responsimble alone to them. There fore I hope that this amendment. so far as the Clerk of the Supreme Court is concerned, will be adopted. It has stood that way ever since Alabama had a Supreme Court. and for fifty years almost that I have known the court, I have never known but one Clerk that was requested to retire from that position. They all seem to have given satisfaction to the gentlemen who appointed them, and therefore can see no reason for having him elect ed by the people. When you cannot give a good reason for a thing. that Is the very best reason in the world fo:' your not doing that thing. There is no reason for changing the manner ih which the Clerk of the Supreme Court Is selected. So far as the inferior courts are regarded. the Clerks hold the same relation to the Judges that preside over them. I have rarely known or even heard of Clerk of an inferior court being guilty of an acf which required his removal. but 1T he were, the Judge has power to do 1t. as A ister, and has the Supreme Court to remove the Clerk, and therefore oner that substitute so that these Clerks shall be entirely under the control ct the Judges or tribunals that appoint them. Elect the Supreme Clerk by the people and you cannot get rid oE him except by a process of impeachment. and that would be by a long and tedi- ous and expensive process.
 MT Hefiin (Chambers)-Will the gen tleman permit a question? Your amend ment does not apply to Circuit Court Judges appointing Circuit Court Clerks? ,
 ,Mr. Sanford (Montgomery)-No, be- cause they are els.ted by the people.
 MT. deGraffenreid-Some or us want to know the difference between your amendment and the majority repor'' and want you to explain it.
 MT. Sanford (Montgomery)-lt IS the latter part of the majority report. It says that clerks of inferior courts may be "elected." I wish to allow them to be appointed by the Judges in whose court they serve.
 Mr. Sanford (Pike)-May I interrupt the gentleman a moment. l desire 10 call vour attention to the fact that the Chairman of the Committee asked unanimous consent to have the word elected changed to "selected -ds was intended. noint is that the selection may be by election. It does not necessarily mean an annoiptment. A selection is simply the choice.
 MT. Watts-Your amendment simply adonts the law as it is in the Consti- tuition of 1875?
 Mr. Sanford (Montgomery)-As it IS now, that is it. yes.
 MT. Watts-Your amendment is simp- ly the Section as in the Constltullon of 1875? T.,
 MT. sanford (Montgomery)-That is what it is. the same thing that we now live under.
 MT. Walker.The minority report con- tains two propositions.
 Nr Sanford (Montgomery)-1 want to make a further statement with re- gard to the emoluments of that oince. They are not so large as gentlemen have heard. When I was appointed to 1t twenty years ago they told me It was worth two or three times the amount which I realized. l simply want to make that statement.
 Mr. Walker-I have heard general statements about that matter, ana neV- CT heard a statement that did not make it greater than the salary of the Chler Executive of the State or the Chiet Jus tice of that Court. Asc I was proceed ing to say the minority report contains two propositions. One Is that the clerk of the Supreme Court shall be elected as the other State officers are elected by the people. The other Is that the rule which prevailed in the Constitu- ton as to the other State offlcers should also prevail as to the supreme Court. Now I call your attention to the fact that in the Constitution of 1875 it was provided that the State Auditor, State Treasurer. Secretary Of state who prior to that time had received fees-shall not after the expiration or the term of those now in office receive to their use any fees, costs, perquisites of office, other than their salaries as prescribed by law. That provision in the Constitution of 1875 in reference to the other State officers IS embodied in this minority report. Now is there any reason in the world why the Clerk or the Supreme Court should, in reference to his compensation, occupy dlnerent and a higher plane than any other of- ficer who Is esta blished here in the Cap itol, and is there any reason why that officer should receive higher compensa- tion than paid to any other oluCel uolil ieiled in this building.
 Mr. Reese-Is there any clerk in the State who received a salary-Judiclary Clerk in the State who received sal arye
 MT. Walker-I see, the gentleman has been coached. 1 don't know whether or not, but if proper to be put on sal ary, they ought to be.
 MT. Boone-I rise to point of or der. do not think 1t is parliamentary for the gentleman to refer to another gentleman on this floor as being coach ed, without he has the proof.
 MT. Walker-I withdraw the remark, I have heard the remark made so ire quently that
 Mr. Reese-I desire to say that not a human being on the face or the earth suggested the question to me. It ol- cured to me out of my own mind. Mir. Walker-I regret that any such statement escaped me. The proposition before the Convention is whether or not this Convention will make discrlmi nation of this kind unless there is some reason for such determination. . Mr. Sanford (SIontgomery)-Will the gentleman allow me to make a sugges- ion? The reason is this. that the clerk of the Supreme Court has to employ men to copy the opinions, and aid him in the trans action of his business. The present clerk has one or two men aiding him, for which he pays himself. He does not call upon the State for his clerical force, and nobody pays the fees of tns clerk except those. who employ his ser