The Montgomery advertiser., 1901-08-08

l sider both votes so that the whole mat | ter can at once come before the Con yention The section to (Which l refer | is the section whereby this Convention has abolished the system of circuit soll- citors as it heretofore existed in Ala bama.
 The President-The gentleman from Hale moves to reconsider the vote whereby Section 2S was adopted. Mir. Smoth (Mobile)--I rise to point of order. The motion to enroll and te a third reading was specially set 10 ioi. low immediately after the motion or the gentleman from Barbour to recon sider the vote whereby the amendment of the gentleman from{ Montgomery was adopted. I do not wish to cut oil any gentleman who wishes to discuss | this matter, but I do not want 1t to reopen the entire article, and cause 1t | to lose its place which 1t has under the | special order.
 The Prasident-The Chair will state l to the gentleman from Mobile that two | motions to reconsider having been eii- | tered the Secretary understood the special motion to be set after the dis position of the two motions to recon | slider, and it will not displace the | special order
  on to say, the section to which I refer, was the section which abolishes the system of circuit solicitors as they have heretofore existed in Alabama and provides in its stead, a system Of county solicitors, which existed only for a short period in the history of the State. That was when the Repub- lican party was in control of the poll tics and government affairs of Ala bama. Now there was some wisdom in the men who framed the first constitu- tion of this State. During all the time we have lived under the various Con- stitutions of Alabama which provide for circuit solicitors, we have had good government in this State. It is mat ter of pride to every lawyer and citi-
 zen of Alabama that the Judicial re- ports and the judicial history of the State take front rank with the judicial reports and history of the other States | of the Union. There are but few re- ports that rank as high as the Ala bama Reports. During Republican | times, it was seen fit by those in charge | to abolish the office of circuit solicitor and have county solicitors in order that | they might have more officers to share | in public plunder, which was then De- | ing distributed by that party to it's | members. Attention is called to the | fact, gentlemen, that we have in this | body ninety-six lawyers and that no office created by this section can be | filled by any one other than law yer. and when we go back to the peo- ple, it might we'll be argued that the | increase in office provided for by this | section is an increase which can only | be filled by members of the legal pro- | fession. It was said on yesterday and refer to it simply that the facts may be known, that there was lobby in attendance upon this Convention | upon this subject. I desire to simply say that if there has been a circuit solicitor in this capitol, at any time
 while this matter has been under con- sideration. it is more than l have
 known. If any circuit solicitor has ap- preached a single member upon this subject, it has been more than l have heard of. In fact we came here on yesterday morning with two reports for | consideration on this subject, one the | majority report, the other the minority report, both recognizing the circuit l solicitor, the only difference being the manner of election, whether 1t should be done by the General As sembly or whether it should be done by the people themselves. That | was fhe question we came here to con- slider. While that subject was under | consideration an amendment was in- | troduced, changing the entire system l of Alabama as it has always existed, with the exception of the time of Re- publican control between 1868 and 1875. | doubt very seriously whether the af- fairs of this State can be as well and l ably administered by a solicitor in each l well | system.
 MT. Graham (Talladega)-Howm many counties are operated exclusively on
 the system of county solicitors. MT. deGraffenried-I do not know.
 There are deputy solicitors in many counties.
 | Mir. Graham (Talladega)-I am talk ing about where the county solicitor
 has exclusive jurisdiction, not only of | misdemeanors and not where he has | deputy. I am talking about where he
 has Jurisdiction of the entire county,
 felonies and otherwise.
 Mir. deGraffenried-I do not know.
 MT. Coleman (Greene)-Win the gen.
 tleman please state how many of the
 solicitors have been elected by the peo- l pie and by the Legislature.
 MT. Graham-They have all been | elected by the Legislature. Nobody | denies that proposition. That is not
 the matter of difference between myself | and the gentleman from Hale. | MT. deGraffenried-I venture the re-
 mark that that system only pre-
 vails in the wealthy counties, like
 Montgomery. Dallas. etc.
 l MT. Graham-I ask you how do Clay
 county and Cleburne county stand in
 point of wealth in this State? If they
 are not under $2,000, 900.
 MT. deGraffenreid-I don't know any
 thing about how their affairs are ad- miniStered.
 MT. Graham-Well they have county
 Solicitors to the exclusion of circuit solicitors.
 Mir. deGraffenreid-And undep that.
 in circuits like Montgomery, Mobile, Dallas and the other wealthy counties
 in the State. our criminal affairs might
 be well administered. but in the poorer | counties that is not true. It was stat
 ed yesterday that with the exception of | two counties. the Committee on the | Judiciary had ascertained that thero
 were lawyers living in every county in | Alabama who were capable of repre-
 senting the State as it's public prose- cItor. but is that any guarantee that
 those men will be elected. if this be-
 comes a law? Is it any guarantee that
 they will accept the position of county
 solicitor if the position is rendered to
 them or that they will be elected if they become candidates before thu | people?
 | Not at all The fact about it. as it 1