The Montgomery advertiser., 1901-08-06

Upon vote being taken. the section was adopted.
 The Secretary read Section g as fol- lows:
 Section 22. The General Assembly shall have power to provide for the holding of chancery and circuit courts, and for the holding of courts having the Jurisdiction of circuit and chan cery courts. or either of them, when the chancellors or judges thereof fail to attend regular terms.
 MT. Smith (Mobile)-I move the adoption of the section.
 A vote being taken. the section was adopted.
 The Secretary read Section 23 as fol- lows:
 Section 23. No judge of any court of record in this State shall practice law in any of the courts of this State, or of the United States.
 Mir. Smith (Mobile)-I move the adop- ton of that section.
 A vote being taken the section was adopted.
 The Secretary read Section 24 as fol- lows:
 Section 24 Registers in chancery shall be appointed by the chancellors of the respective divisions. and shall have been at least twelve months be- fore their appointment, and shall be at the time of their appointment and during their continuance in office, res- ident citizens of the district for which they are appointed. They shall hold office for the term for which the chan cellor making such appointment was elected or appointed. Such registers shah receive as compensation fo< their services only such fees and commits sions as may be specifically prescribed by law, which fees shall be uniform throughout the State.
 MT. Smith (Mobile)-I move the adop- tion of that section.
 A vote being taken the section was adopted.
 The Secretary read Section 25 as fol- lows:
 Section 25. The clerk of the Supreme rourt shall be appointed by the judges thereof. and shall hold office for the term of six years, and the clerks or Such inferior courts as may be estap- iished by law shall be elected in such manner as the General Assembly may provide. adopted wish to ask unanimous con sent to change the word elected in the third line and insert the word "se- aected." I think that was as original ly intended, but there has been mls- take III the printing.
 The unanimous consent was accorded.
 The Secretary read the minority re- port signed by Messrs. Walker, Hooo, Davis. Fitts, Jones, Ashcraft. Leisn. Coleman and Kirk as follows:
 Section 25. The Clerk of the Supreme Court shall be elected by the qualified electors of the State for a term Of six years. Any vacancy in the office or such Clerk shall be filled by appoint ment by the Justices of the supreme Court for the unexpired term. oala Clerk shall not, after the expiration or the term of the Clerk now in o1nce, re ceiye to his use any fees. costs, per- ruisites of office or compensation other than a salary to be presc 'ibed by law. which shall not be diminished during his official term.
 Mr. Sanford (Montgomery)--1 offer an amendment
 The Pregident-The Chair has recog- ognized the gentleman from Dekaip' MT. Davis.
 to offer this substitute and make statement to the Convention in regard to subject upon which I am better informed than any man in 1t. The President-Does the gentleman from DeKalb yield to the gentleman. from Montgomery?
 Mfr. Dayis-I decline to yield. MT. President, representing the minority re- port in this matter it seems to me that the minority is right. From the pest information I can get. and have taken the mains to investigate the matter, the I ofice~of the Clerk of the Supreme Court dare say is the best office in the State. I think any office that Is eufn- I ciently attractive and of sufficient lm- portance to induce E~od man to run for it, a competent man to seek 1t. that office ought to be elective. It may De 7 argued this office ought to be filled by U appointment of the Judges Of Nhe Su- preme Court, because it is au office pe- culiarly connected with that court, hut why should that be? It seems to me that the\ people are competent to & Associate Justices why not the compe- tent to elect the Chief Justice and tho Associate Justice. why not he compe- tent to elect the Clerk to that court? I can see no reason why that should not be true. Now in point of lucrativeness. my information Is that this office pays more than any other office in the State. that is, any State office. It pays more than the Governors office. and more than is paid to the Supreme Court Judges. Why not put him on a salary. Why should the Clerk to this court receive more money than any Judge or the court? These are my reasonsS' for T favoring this minority report. l think it Is right that we should elect to this office. and I ask this Convention to consider it in that light, There are q number of members to this Convention that take the opposite view from that Another thing in this report Is that it should be put upon salary. Why rot do that? It seems to me that a salary to be fixed by the Legislature would be proper for this officer. l do not see why he should have greater salary than the Judges. Why not put him upon a salary and let the perquisites & the fees. go into the State treasury. or relieve the litigants of 1t?
 MT. Sanford (Montgor1ery)-I wish tn offer substitute for Section p.
 The Clerk read the substitute as fol- lows:
 "The Clerk of the Supreme Court shall be appointed by the Judges thereof and shall hold the office for the term of six years. unless sooner re-
 moved by the said court. and the clerks of such inferior courts as may be established by law shal! be appoint ed by the Judges thereof and shall hold office during the terms nf the Judge making the appointment
 The President-Does the gentleman from Montgomery offer his substitute ! to the majority and minority reports? lT Mir Sanford (Montgomery)-To ooth