The Montgomery advertiser., 1901-08-06

against 1t has not been answered, and the result Is is goes before the people with a strong argument against adopt ing that particular Section of the Con- stitution which has been adopted hv the Convention without having an- swered the men who objected to 1t and 1t is a great injury to the men who ad- vocate the Constitution. Now this thing of calling the previous question, laying it on the table has become A matter of teers, and sneera and laughter and ridicule of the Con- vention by the people. daughter.) So much so, that when you ask a little boy who beat in game of base ball, they say We laid him on the table," It is a matter of laughter and ridicule among the people of the community and of the State. These things should be answered. Over in Mississippi when they could not answer an argument they lai6 it on the table, and finally they were known as the peanut poli- tieians." We have no such men here. trust Now. the reason I offer this (the arguments of my friend from Montgomery and from Hale were not answered at alp. in 1852 and before that, for the purpose of keeping the election of the judges free from political con. tests they elected the judges in May and the other officers of the govern- ment in August and this system pre- vailed as late as 1861. It occurs to me If you do not take the two amendments offered by. the gentlemen, the next best thing is to make the elections at dif- ferent times so that politicians cannot trade off judge for a clerkship in a Department, or trade off Chief Justice or other Jus tice of the Supreme Court for some other little appointment about the Cap- itol. I think. gentlemen, that you should adopt that amendment. It is proper and becoming. You did not pro- vide for them selected by the appoint ment Of the Governor and confirmed bv the Senate or elected by the Legisla- ture of the State. The next best thing Is to separate the elections so that at distinct times they shall be chosen, Then there would be no such thing as swapping of votes. no bargaining, and no corruption. I hope you will adopt this suggestion so that we may have two distinct elections. Your judgment In your choice of them would be as pure as they have been pure hitherto in their conduct. Let us, my friends, adopt this amendment.
 MT. Pettus-I want to say that this brings about an election that the peo- pie of his State do not want, and I move to lay this amendment on the | table
 Upon a vote being taken the amend ment was tabled.
 Mir. Pettus-I offer an amendment The Secretary read the amendment as follows:
 Amend Section r by striking out the words beginning The Associate Justice h line eight, down to and in cluding the words 'such determine | tion." in line four.
 Mir. Pettus-The effect of the amend ment is to strike out the part of the section which is to determine what judge shall hold the long term by lot tery. and leaves it to the Governor to make the selection, just as is provided in the section, if judges do not take advantage of the lottery scheme. It seems to me that is better and wiser than the report of the Committee, and. in the language of the distinguished gentleman from Montgomery, will say | that I hope the Convention will not lay the amendment on the table. MT. deGraffenreid-The two gentle men from Montgomery and myself need | company, and I move that this amend ment be also laid upon the table,. Laughter).
 Upon a vote being taken. the amendment was tabled.
 The President-The question recurs upon the section as originally reported by the Committee.
 | Upon vote being taken, the section was adopted.
 The Secretary read Section IS as fol- lows:
 Section IS. All judicial officers with in their respective Jurisdiction shall, by virtue of their offices, be conservators of the peace.
 MT. Smith (Mobile)-1 move the adop- | tion of Section IS.
 Upon vote being taken. the section was adopted.
 The Secretary read Section 19 as fol- lows:
 Section 19. Vacancies in the office of any judges who hold office by election, | or chancellors of this State shall be filled by appointment by the Governor; such appointee shall hold his office un- til the next general election held at least six months after the vacancy oc- CUTS, and until his successor is elected and qualified; the successor chosen at such election shall hold office for the unexpired term, and until his successor is elected and qualified
 MT. Smith-I move the adoption of the section as reported.
 Upon a vote being taken the section was adopted.
 | MT. Graham (Talladega)-I rise to a point of parliamentary inquiry in re- gard to the report of the Committee. In the third line 1t reads hold his of- flee until the next general election" :" Do I understand that that requires a special election shall be held?
 MT. Smith (Mobile)-No, sir; if the man is appointed, he holds office at least six months and until the next election; if the election comes before the six month, it would lap over until next election. IF it comes after the six months, he will be elected at the first election
 MT. Graham-I just wanted to know if it required a special election.
 Section 20 was read by the Secre- tary as follows:
 Section 20 Whenever any new cir cult or chancery division is created, the judge or chancellor therefor shall be elected at the next election for repre- sentatives to the General Assembly for term to expire at the next general election for Judges and Chancellors; provided, that if said new circuit or chancery division is created more than six months before the next election of
 Repres entatives to the General As- sembly the Governor shall appoint some one as Judge or Chancellor. as the case may be, to hold the office un- til such election.
 Mir. Smith (Mobile)-I move that the section be adopted.
 Upon a vote being taken, the section was adopted,