The Montgomery advertiser., 1901-08-07

Constitution?
 Mr, Smith-Yes, sir, and besides says he must be an oncer or the state. He would not be an officer of the State after his term expires.
 Mir. Coleman-I think we ought to correct the oversights of our predeces- sors. 1t says after election. He does not go into office until November. Heretofore. he went into office in Au- gust. If it said he shall reside in Montgomery during his term of office, that would cover everything.
 The Secretary read the amendment offered by the gentleman from Greene. MT. Coleman, as follows: Amend the section after the word seat of gov- ernment. the words during his term of ofilce.'"
 A vote being taken the amendment was adopted.
 MT, Walker-I would suggest that the amendment of the gentleman from Greene ought also to strike out the words after his election" and l move that those words be stricken out, and that the words offered by the gentle man from Greene be substituted In their place.
 The Preside lt-The amendment Of the gentleman from Greene has been adopted Does the gentleman offer an- other amendment?
 MT. Walker-Yes, sir, that the words be stricken out.
 A vote being taken, the amendment was adopted. and further vote pelns taken the section as amended, was adopted.
 MT. Sanford (Pike)-Just at this point I would like to introduce an amendment to come before Section 3l. Ii comes in at that place, and 1t Will not be objected to by the Committed, as I understand it. however If the Chair thinks better. I will keep 1t and offer 1t afterwards.
 The Presi6ant-The Committee on Harmony will probably place it.. It mas not been our custom to Interrupt the consideration of these reports and add sections until the consideration or re- ports was completed.
 The Secretary read Section 31. as fol- lows: .,
 Section 31. The style of all process .haIl he "The State of Alabama and eu prosecutions ;'hall be carried on III inc name and by the authority or the same and shall conclude. Against the peace and dignity of the State
 Mr Smith-I move the adoption or that section. r,,.s adopted. .o
 Mr sanford CPike)-I move to amend the Article by adding section oL
 Secretary read Section 52 as 1o'lo"s. Nothing in this Article shall be s" construed as to affect the term Of of,ica of any officer now in office"
 The President-The question Is on the .dortion of the amendment offered py the gentleman from Plke:
 Mr. Sanford (Pike)-I do not desire ,o discuss 1t. but to call the attention of the Convention to the iact lna. thora is m provision made in here With rafarence to the terms of some or the s,tv judges throughout the State that have already been fixed by the lesis- iature heretofore. and move the aoop- ton of that section to
 MT. Burns-I have an amendment 'o the amendment. s,o,+ .. .oi,nu,s. Amend by adding Section Sz Sn i,,dic,al officer shall be finteresteo ir the termination of any crimihdi na,sa which may be tried before It. Ts prasident-The question is on the amendment. .nans .ha sentleman from Pike you'd accept that A blind man can see what 'iaC section ar amendment means. Ihcre ls or,, all over the State against Jus tices of the peace. and their process and mode of enforcing the coiie0 ,r,. against the poor of the state ia. word "fees" has done more harni Juan any other word in the Enghsn Iah. ruage. The very fact that the Juet,c of the peace or any other onhcei 10 M terested in the termination or a case hafore him to the amount of perhaps eftaen dollars would affect ana ooes ofsect In proportion to three railroao nossas mon any other class or peopie' Now twenty-six years ago, on thls eane article, a justice or the peace frcu ont of the black beats rom this State rose from his seat anu oner cd an amendment in the Constltutloh Convention of 1875, when General oates Tas chairman of the Judiciary Com nittee and such men as Pugh ana Hood were there. and 1t was accepted and placed in the Constitution ana It ls in this article today. Another Justice of the peace. perhaps the same one twenty-six years afterwards. oHers dh- fther amendment. and an amendmeht against which no man can rise and make speech anu tSA tAS -
 man here but what will say to him self in his own heart, no judicial oth- cer should ever be interested in the termination of criminal cause.
 Mir. Reese-WiIl my colleague permit question:
 Mir. Burns-Two of them.
 MT Reese-I will ask my colleague if he does not think Judicial officer should be permitted to take an ofilclal interest in a question pending before him?
 Mir. Burns-No. sir. not any interest mixed with duty. His only interest h any cause should be to do his duty. and I doubt. gentlemen, whether any man can do his duty when there Is a fee held out. or a free pass in his pocket
 MT. Stanford (Pike)-Under tine amendment offered by the gentleman from Dallas. while 1t has considerable merit. it is not germane to the sec ton offered, and I therefore move t" lay it upon the table-to be taken up at a more appropriate time ...
 vote being taken. the motion of table prevailed.
 Mir, Sanford CPike)-l move the a doption of the amendment.
 MT. Ashcraft-I have an amendment
 The Secretary read the amendment as follows: All fees in excess of a salary to be fixed by law collected by the Clerk of the Supreme Court shall be by such court turned into the State treasury to the credit of the general fund of the State"
 The President-The question will be upon the adoption of the amendment
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