The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-05-14

convened either Immediately or at such
day as he may designate.
Now as to the question Of authorizing
the governor instead of a Judge to con-
Vene court / can only give expression to
my individual opinion as citizen, as a
lawyer, and as a member Of the legisla
ture.
If I understand the principles upon
which the governments of this country
are organized, the three separate depart
ments of the government should be kept
distinct The duties and the functions
of the courts are entirely separate and
distinct from those of the executive de-
partment. and neither should be allowed
to trench upon the other. 1t is fair to as
sumo that man holding the exhated
and dignfied position of circuit judge
is as much interested In and as anxious
to uphold the dignity and majesty of the
law as any man who may occupy the
office of governor of the state. lie Is
as much interested in the public welfare,
and he Is as capable of judging whether
the public good will be promoted by the
convening of an extra term of court as
any one who may be occupying the exec
utiVe office, and being In the immediate
vicinity, acquainted with the local condl-
tions, the existence or absence of ex-
citement, or prejudice, as well as the
temper and disposition of the people, 1t
/
vised as to what is proper and what
Is improper to be done in the administra-
| ton of the law as the governor IN his
| office at Montgomery could be.
| AT this present time when thereis in some
| quarters such a manifest desire to con-
I centrate all the powers of government into
| the hands of one department or officer,
which ideas are so subverslve and de-
structive Of and antagonistic to true prin-
! ciples of democracy, is ii not well to hes
itate about comforting upon the COVER
nor. or any other executive officer the
power, as II were to bride and ride with
whip and spur, the judicial departments,
and place in the hands of this executive
officer the power in measure of direct
ing when a man should be tried, and when
he should not be tried for any character
of offense? Would any judge who has
that high regard for judicial character
and fairness in the administration OF The
law. which should be entertained by every
Judge feel that he was dischargins his
duty under his CATH if he should permit
any man high or low to be tried under
circumstances that indicated to him that
the surroundings were such as 10 even
bear the semblance of desire or purpose
on the part of the executive department
of the government to coerce a cohNle-
ton? Could any judge retain his own sell
respect for the judicial position winch
he occupies il he should sit In Judge
ment on the trial of man charged with
any grave ofehse WheH tne s.i g'.lNl..'
circumstances were suen as " ~, -,
him with the beliet that tne persoli on
trial was not having a fair and impair
tial hearing? Would any judge worthy OF
the name be Wiling TO SIT as 'l,e ~
otflcer OF court cohSeiea " , a..
i've order Tor the .rlal anu ~, con-
OF one charged win ciiine 49, 80
V.need IN ms Own Juusulii MI Ia t',aiaiai
! ahhountea 70 no,"'ils ii'o' a,. So, tba
murder Noulu l.ol al. an nIrt ~ he rad
governor 70 euiiS , assoI ~, tha nort
snen power, anu ie,u .,',th o tho trial 81,
% ene JUS. - - a,+in,arca for the
the granting Oh collei.iua',ee ,,,,1.o,,,1,,
reasons susses'eu, ple .,eio+ he4n.ao, the
conihet OF appalent '9 9netro,,ts9 m &c
executive anu Juu'olai '1 r.ais,had ~,
suggestions were mace anu Meisi n.u ~
niemrers oil lne ies.Sla,.te w" ~ r,n,o,.
Ing the questloh y, r snecial
of converting courts IN extra OF 9pee'''I
term on the eoNerno, ., sne ne loo
II. So. sfa 41