The Montgomery advertiser., 1901-08-07

much as possible toward putting down crime. Now the question is which IS the best system at this time! The Circuit Solicitor system was good, but the times change and we change with them, and 1t may not be the best now. The Circuit Solicitors, I believe. as a rule. throughout the State are officers of ability. and I know that the one who resides in the same town with my friend the delegate from Pike, MT. Parks, the Solicitor of the Twelfth Circuit, 1 kEow from having come in contact with him, and having seen the way he prosecutes for the State, is most excellent and able Solicitor, but, sir, that does not answer the question. It is as to what is best for the people. for the public. and what will be the best not only now but in the future. Now. sir. it is impossible for a Circuit Solicitor to attend to the duties of his office in every county and the conse- | quence is under the present system, he has a deputy in every county and is | that for the best interests? Would it | not be better that there be a perma- | nent officer of County Solicitor whose duty it would be, and think probably | il would be well for the public, that his eligibility to more than two terms should be limited and he should be pro- | hibited from the practice of the law, | so as to require his whole time and attention in the performance of the du- | ties of his office. I think with such | a system. as that, and would say be- l lieved the Legisla ature should have puower to do it. that the Sounty Solici- tors should not begin prosecutions Tn nisdemeanor cases, but leave that for some one else That was the defect with the old system. Some of those were unrestrained, would get up pros ecutions themselves and get up frivo- | lous cases in order to make fees, and | that was one great abuse of the office that led to it's abolition. But it is an | easy matter for this Convention if it | sees proper to establish the County So. licitor system. and to So hedge about l and guard that office. as to make 1t most excellent one and a very useful one. Now, sir, it is simply question | as to whether that Is better system | than the present Circuit Solicitor sys- | tenn. The Circuit Solicitors may be very | efficient, and are good men as rule, l hut how can they go to this county and that and the other to attend to every case that comes up. They can not do 1t. Frequently a Circuit Court
 is being held in one part of the cir cult, and there Is . necessity for Solicitor In another county. Then he must depend upon some deputy. he cannot be there to do it, and the deputy Is not of the peoples selection, nor is he selected by the Legislature. He is man selected by the Solicitors. as a sort of assistant to him, and it seems to me that if any change is to be made at all in the Circuit Solicitor system, l and return to the County Solicitor sys- tenn, with guards around it to prevent abuse and to make the officer efficient. would certainly be economy. and an | improvement in the administration of justice.
 Mir Tayloe-Mr. President, the mo- tion now before the Convention is one that I earnestly insisted upon in the Judiciary Committee. In the first place, the first point to which I wish to call the attention of the Convention is this: In the last fiscal year, we spent on the Circuit Solicitors $29.840. All of them got a salary of $2,400 except in the 18th District and he received $600 and there was some little of that paid on the preceding fiscal year. In addi- tion to that. We paid in commissions $2, ,2S2. 60. making in round figures. near | ly $32. .000 that we paid to Circuit So- licitors. In addition to that, we have a system of Deputy Solicit
 ors in sixty-six counties and in almost every one of them. there can be a Deputy Solicitor who Is allowed to make out of the fees $500 year. In round figures, 1t amounts to about $50, 900 more The whole trend of re- cent years has been towards County Solicitors. Starting at the northern tier of the State, we find County So- licitor in Madison. I do not know real ly what salary is paid him. We find one, I believe, in Jackson county. We find one in Talladega; We find one in Anniston; we find one in Walker: we find three in Birmingham; We find one in Tuscaloosa; we find one in Hale; we find one in Montgomery and we find one in Mobile, and in addition to that, there are three criminal courts, I believe. each of which has a Solicitor, so that. gentlemen, you can easy enough see that this question:
 MT. Graham Craliadega)-You left out Etowah in your call of the list.
 MT. Tayloe-Yes. sir. Etowah.
 MT. Oates-I desire to ask the geu- tleman a question. 1 do not desire to break the continuity of his discourse, but it is a matter I forgot to mention when I was on my feet. I will ask You if that is rot the case in view of the retention of the circuit in accordance with the report of this committee. and the action of this Convention thus far, will 1t not be in many cases to continue to pay the salaries now given to So- licitors? Would it not be practically a useless expense of money.
 Mir. Tayloe-To Circuit Solicitors.
 MT. Oates-Yee, sir. with the num- Der of the circuits reduced 80 greatly. with the number of Solicitors
 MT. Tayloe-Now, gentlemen, We can easily enough see that in one branch of the criminal law We spend in the neighborhood of $1OO000 to get 66 coun- ties represented The whole trend has been toward County Solicitors. For twenty years it has been in the drec- tion of County Solicitors and county Solicitor is necessarily the coming thing. We can get them for less | money than we are now paying for competent men under the present sys- tenn of Solicitors. Putting it simply on the question of economy. We all know that almost in all the places. the fees of the Solicitor go into the treasury to help pay the expenses of the crim- inal system. and that they are tax in some measure upon the people At any rate, the fees now go to certain cN- tent to relieve the taxation of the peo- ole. The point I want to make Is the question of economy. We can have a Solicitor In each county of the State with that system. We will follow up what is the development in the preI- ent day towards County Solicitors. say furthermore that the County So-