The Montgomery advertiser., 1901-08-06
THMl1QNIUolFERY ADVERTISER

j I, Of the Supreme Court every two years! MT. Wilson-Every two years at the Federal election; but if the Convention IS unwilling to trust the supreme court Judges to be elected at the federal elections, 1t would make no increase in the number of elections. They can | leave them as these are here, Which would be only one extra election every twelve years, less than eight extra cleo tfons in one hundred years when. submit, is not very considerable. Uh- der the plan submitted by the major ity, you will have an extra election tor judges in 1916, 1928 and 194o. These are 1 the only three extra elections you would have. which you would not otn- erwise have, in the next forty-slx years; that is, until 1s46, and l submit that Is not any considerable amount or expense and will not amount to very much.
 The President-The time of the gen. tleman has expired.
 MT. Sanford Pike)-May I ask the gentleman a question?
 MT. Wilson, yield Mir President
 The President-The gentlemans time has expired.
 MT. Sanford (Pike)-I desire to yield the gentleman portion of my time for this purpose Isn't it fact that the Convention has, since the framing or the report on the Judiciary, adorted a clause making the State elections come off in November. and therefore, it Is not necessary any longer for the elections as provided for in the minor itv report?
 Mir. Wilson-Since the adoption of the l Article on the Executive Department, the Convention has adopted the Article on the Legislative Department, and Tn that Article they provide for the cleo tion of Representatives and Senators in November, and under this arrange ment the General Assembly can put the election for Judges just as well in No | vember as for Representatives and Senators If 1t does that, there will be no extra election. But, conceding the l General Assembly does not want to do that, but will let it stay as it Is now. then we would have only three extra elections for Judges between now and 1946, and I say that is not any very considerable extra expense.
 Mir. Watts-If this Convention desires to have this extra election for Judges every twelve years, as mentioned by the gentleman from Clarke. why, then. I don't care particularly about insist l ing on my miNority report, but If the | Convention desires to apply to Judges that same scheme or method which has been applied to other officers then l think that we ought not to have spe- cial elections simply for the election of Judges of the courts. We ficers. judicial. executive and leg islative, elected at the same election s- ia. as practicable. and not to have off years in which only cou- pie of judges aye to be elected, or few judges of the Supreme Court. Now the only difference as I see 1t, or the only practicable difference between the two minority reports is .his: The prop osition of the gentlmcn who unite with me in a minority report s that at the next election in 1904 all of the judges-Probate Court, Supreme Court end Chanceilcrs-shal, be elected for term of six years; that in the year 1910 the Probate Judges shall be elect ed for term of eight years, and the provision is made in the following Sec tio1 for the election of the Supreme Court Judges for a term of eight years, hut at the first election. part of them are to be elected for only four years so as to have a part of the court elected ever" fou, years.
 MT. deGraffenreid-Wh is the req son for making an exception against the Probate Judges there. making their term four years and that of the other judges eight years?
 Mr Watts-None in the world ex- cept the concensus of opinion of the Committee seemed to be not to length en the term of Probate Judge to eight years.
 Mr. deGraffenreid-You shorten the Probate Judges two and lengthen the others two years. That is the effect of it.
 MT Watts-Yes.
 MT. deGraffenreid-As matter of fact is it not the experience in the State that Probate Judges nearly al ways succeed themselves?
 Mir. Watts-Yes, sir. and they can do so under the four year term.
 MT. deGraffenreid-And if you gave them eight years would they not get the same they do now under the law? MT. Watts-But if they were reelect- ed then they would get sixteen years?
 MT. deGraffenreid-Yes.
 MT. Watts-I was about to state the difference between the two minority re- ports. Now the other minority report is substantially like the report submit ted by myself and the gentleman who joined with me. except that it pro- vides for the Circuit Judges, Chancel- lors and probate Judges to be elected every four years after 1910. so the whole thing before the Convention is just simply this, and 1 do not care to and will not take up the time of the Con vention to argue the matter.
 MT. Waddell-Under your plan, isn t it a fact that Probate Judges are not affected at all until $l910?
 Mir. Watts-Yes, sir, under all the plans they are not affected until 1910, Now the whole question before this Convention is simply this: Shall all of the judges of this State have six year terms, or shall we make the Probate Judges terms four years and the bal ance of the eigh., or shall we make the Supreme Court Judges term eight years. and all the rest of the judges four? Now there is the whole prupO- sition in a nut shell. I do not Care to take up the time of this Convention because it is d question l care very lit tie about.
 MT. Duke-The minority report which was signed by MT NeSmit and myself recommends eight years for the Su- . preme Court udges and four years for l the Probate Judges, Chancellors and Circuit Court Judges. The mjority re- port adheres to the six year plan for all of the judiciary, but they have a l provision that every two years two Su- } preme Court udges, l believe, shall be elected, thereby causing an ele lion certainly every two years. Now that is } in their report.
 Mir. Wilson (Clarke)-Is not that made the nt Xt succeeding Section and | not that one?
 Mr Duke-I nropose to argue both