The Montgomery advertiser., 1901-09-21

strufnent. in lengthening the term to
 four years, and making them ineIiglple
 tS succeed themselyes' ,S poilcy mfEs inc @ ecp,e m thefnseIves have established after, long
 experience as best for their interests.
 The office of Governor is one Of great
 honor. The Governor, more than eany
 other one officer, embodies in. his own
 person the, dignity and power Of the peo.
 pie, and is the source Of many good or
 laws. it has been the aim of the new Constitution to dignity the omce, ana ,consecrate 1t entirely to the service ol the
 people; The Governor Is shielded from from
 wrongly directed against him. when the
 powers of his office are thought to be swayed by desire to obtain other or ton to abuse his powers, by denying to
 him during his term, and for one year thereafter, the right to election or ap- any office under this State. Ambition and duty alike under such conditions will bind him to single-minded devotion to his great trust leaving the people to mete out such reward as his acts merit, after he has gone out of power.
 The people always prefer to make di- rect choice of their Chief Magistrate. been created. He presides over the Sen. ate. and unless called to the discharge of the duties of Governor. receives like per diem as the Speaker , of the a House: Sus ,n.,
 
 personal solicitation of persons seeking pardons by the creation of a Board Of Pardons, which meets at his call and sits in public, before whom all applications for pardons, communications and paroles in felony cases must be laid, and who must advise the Governor thereon. The Legislature. together with the opinion of the Board in every case of felony. Ev. cry just safeguard Is thus thrown around the exercise of the. power; but the final t, Iaff Qhnnld L. ways rest, upon the Chief Magistrate.
 Under the existing Constitution, when a bill is vetoed. the alternative Is to al- low the bill to fail or to pass 1t over the veto In leeislation errors and omissions are often Inadvertently made which the Legislature would gladly correct. If the opportunity offered, to meet executive the Legislature, has the choice of amend ing a vetoed bill and again sending 1t to tine Governor instead of attempting to independence of. the Legislature is not thereby trenched upon, since 1t rests en- tirely with 1t to amend the bill or to pass
 Care has been taken to remove uncer- tainues in the existing instrument as to the succession, under all contingencies, Tn the office of Governor. The Lieutenant Governor Attorney General, State Audi tor, Secretary of State and State Treas urer have been added to the officers upon whom succession may devolve. If both the Governor and Lieutenant,Governor sixty days prior to general election for any State officer, Governor and Lieu tenant Governor must be elected at such vision has beetl made for ascertaining and declaring the disability of executive of. ficers, when they appear to be of unsound mind.
 The long dispute as to the powers of the Speaker and joint convention of the two houses respectively, in ascertainirg and declaring the result of elections for ex- ecutive officers, has been put at rest, by the constitutional declaration that the powers of both are purely ministerial.
 Judicial Department.
 Many changes have been made. in view of past experience, to make the constitu- tional system more flexible, and better election under the new instrument, two of the Associate Juatices of the Supreme Court are to be elected every two years, preventing the possibility Of an entire change of the personnel of the court every six years, and the uncertainty and oscil- lation of judicial decisions which some times results from such causes. The Leg circuit court. the Jurisdiction of both courts, and in counties having two or more courts of record, may provide for the consolidation of all courts, ex- separate divisions. with q sufficient num- Der of judges to transact the business of the consolidated court.
 A circuit or chancery division must con- tain not less than three counties, unless one of them has a population of 2O. 900 or more and taxable property of S3s00O,Ot0. No courts of general jurisdiction at law or in equity or both, can hereafter be established for any one county having less than 10000 population and property assessedfor taxation at less than $500 600.
 Appointees to judicial vacancies, hold office only until the next general election for any State officer. six months after the occurs. When new circuit or chancery division Is created more than any State officer, the Governor may ap- point the judges thereof, and the ap- poiltee holds until the appointees suc- cessor is elected at suen election; so,ei o.h territorial subdivision prescribed by the l are to be elected by the | electors. solicitor for T.. any any qualified electors, or appointed by the | Governor, as the Legislature may pre- scribe | or partly aTii O within, H ma a city or town having not less than 1.5Oo inhabitants, the Leg, may provide for the election of not more than two justices of the peace | and one constable for each precinct, or in | lieu of ail justices of the peace therein | may provide an inferior court with very limited civil and criminal Jurisdiction. The Legislature shall prescribe uniform fees for Justices and constables through out the State. In prosecutions for rape, or assault with intent to ravish, the court in It's discretion, may exclude from the court room all persons except such as may be necessary In the conduct of the trial. The Legislature has power to abolish all courts. except the Supreme and the probate courts, when their Ju- risdiction and functions have been con- ferrcd on some other court; but not so as to abridge the term of any officer now in office. Registers in Chancery are re- the time of their appointment and for one year preceding, and their fees shall | be uniform throughout the State.
 The Legislature is left free to | change or abolish constitutional courts, | except the Supreme and probate courts, | md is prevented from establishing courts, | as has been sometimes done in the past, | for counties whose population and wealth | could lily bear the cost of maintaining
 The new instrument curbs, for the first time. the hitherto unrestricted power of the Legislature to create new courts; and in this respect. Yet there are those who permit themselves to argue that under the lesser and restricted power in the new Constitution. there is greater danger of abuses in the creation of new courts than was possible under the great CT and unrestraned power to increase them. under the old instrument Appre- hensions in this respect, If sincerely en. tertained. will disappear by the most casual reading of the two instruments.
 Municipal Corporations.
 There are great changes under this head for the protection Of the citizen: Streets and public places of cities and towns, can not be used TOT any pupuc consent of the proper authorities. The I I,egisiature is forbidden to allow the pay. ment of a privilege or license tax to the State which will relieve from the pay OhotS -ti ,ri,iIeRp taxes licenEas uu- l