The Montgomery advertiser., 1901-08-06

tleman from Clarke, the numbt- of additional elections that would Q. in- volved in the course of the next forty years would be very small. Under the |, majority plan the terms of Judgss Is leit just where it Is at present and where 1t has been for seventy years. With the length of that term rave heard no complaint among members or the bar and among the people at large, and I submit that-the only objection that has been made to this majority plan, viz: that of occasionally all addi- tional election and very occasionally, is not sufficient to warrant departure from the practice as 1t has prevailed in this State for so many years with out complaint so I understood. Now. in the subsequent section providing for an election of Judges for the Supreme Court. it is provided that as near as may be one-third of them shall be elected every two years at the same time that members of Congress are elected. unless the time of election is changed by the Legislature. It does not occur to me that much additional trouble or much additional expense would be involved by that arrangement. We cannot get out of the fact that there will be every two years in this State as long as we are part of the Union an election every two years. I doubt very much whether the people would be more satisfied with the Judges elected In the year in which the po- litical offices in the State are filled than with the Judges elected in the off years. And I venture to say just as good Judges if mt better would ba elected in years in which they were not tangled up in politics. Now the three propositions before you and the major,sy report, keeping the terms of the Judges as they have been for seventy years past, one mil nority report providing for eight year terms for all judges in the State ex- cept probate judges, another minority report providing for eight year terms | for Judges of the Supreme Court and four year terms for all other judges of the State. 1 do not desire to do any more than state the propositions that are before you.
 MT. Duke-Will the gentleman allow just one question.
 MT. Walker-Yes. sir.
 MT. Duke-I want to ask if under your plan the State would not be bound to hold an election every two years fog judges?
 MT. Walker-For the Judges of the Supreme Court?
 MT. Duke-Yes, sir.
 MT. Walker-Every two years.
 WIT. Duke-Yes. sir.
 Mir. Walker-It would be bound to hold an election every two years be- cause of its relation to the Federal Union: it would not involve an addi- tional election at all.
 Mir. Duke-Now. another question. You state in your report that the leg ico f,tya rrhnr hn fvrna nf all r. ing the Supreme Court Judges? | MT. Walker-Yes. sir.
 MT Duke-Suppose they find that | that does not go well and they do change the time then wouldn't you have an extra election every two years, | wouldn't you have State elections ev- cry two years if you changed the time. MT. Walker-No. even under that there would be an additional election only once every four years.
 MT Duke-But wouldn't you have a | State election for State officers every | two years if they change the time?
 MT. Walker-Still without an addi- tional election for judges only once every four years
 | MT. Duke-And that would make an election every two years wouldn't it? | MT. Walker-Yes, that is true. Now, MT. President. believe this matter has been discussed Gs far as the members care to discuss 1t and move the pre- vious questions on the amendments | and sections.
 The President-The question is on the minority report signed by Messrs' | NeSmith. Duke and Fitts.
 Upon a vote being taken division was called for. and by vote of 26 i ayes and 34 noes the amendment was | lost.
 The President-The question recurs upon the amendment proposed by Messrs. Watts. Leigh, Graham and others, fixing the terms of all the judges except the probate judges eight years, leaving the probate judges four years.
 Upon vote being taken a division was called for and by a vote of 30 ayes and 46 noes the amendment was lost
 The President-The question recurs | upon the adoption of the section re- ported by the Committee. | Upon a vote being taken the section was adopted.
 The Secretary read Section 17 as fol- | lows:
 Sec. F. The chief justice and asso- ciate justices of the supreme coHr, shall be chosen at an election held a, the time and places fixed by law for
 
 of Representatives of the Congress Aoi the United States, until the General | Assembly shall by law change the time of holding such election. The term ol office of the Chief Justice who shall be elected in the year 1904 shall be as pro- | vided in the last preceding section The successors of two of the Associate Justices elected in 1904. shall be elected in the year 1906, and the successors oi the other two Associate Justices elect ed in 1904 shall be elected in the year 1908. The Associate Justices of said | Court elected in the year 1904 shal draw or cast lots among themselves tc | determine which of them shall hold or flee for the terms ending, respective ly. in the years 1906 and 1908, and un- til their respective successors are elected or appointed and qualified. The result of such determination shall be certified to the Governor. by such As sociate Justices. or majority of them prior to the first day of January, l9O2 and such certificate shall De enteref uDon the minutes of the Court. In the event of the failure of said Associate Justices to make and certify such de' termination. the Governor shall deslg nate the terms for which they shall re spectively hold office. as above proVld ed and shall issue his proclamation ac' cordingly. In the event of an increase or reduction by law of the number ol
 Associate Justices of the Supreme Court the General Assembly shall, a: nearly as may be. provide for the cleo, tion. each second year. of one-third ol