The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-07-26
A WARM DEBATE
ON ROTATION PLAN
MINORITY REPORT WAS MADE
AND BILL OPPOSED ON THE SCORE
OF EXPENSE.

II Is Also Claimed That II Would BE
Unfair and Unconstitutional to
Except the Judges of the Eastern
and the Atlantic Circuits from the
Provisions of the BiII-Other Mat
ters That Were Brought Up in the
House.
Atlanta. July 25.-Rotation of Supe-
rior Court judges was the subject un-
der discussion in the House to-day, and
warm debate was result
The measure, which is a substitute
| for the bill by Mr.. Peyton of Haber-
sham, prepared by a special committee
provides for the formation of four ju-
dicial divisions from the circuits of the
states, excepting the Atlanta and
Eastern circuits. and over the circuits
of these divisions the judges of the
circuits in such divisions are to rotate,
spending a year in each division. their
expenses to be paid by the state. The
detailed provisions of the bill have al
ready been published in the Morning
News.
Several of the Superior Court judges,
who are interested in the measure. are
in the city. The judges, it is under
stood. are not opposed to the measure,
| if the circuits are formed into six di-
| visions, so that they may preside IN
their home circuits at least once dur
| ing their terms, and If it is the step
| ping stone to increase in salary, it is
stated none of the judges would in
any wise he adverse to the measure.
Many member of the House believe
| that in excepting the Atlanta and
| Eastern circuits from it's provisions,
| the bill is unconstitutional. Otherwise
they think there would be no special
objection to the change. except that
some of them oppose it on the ground
of expense.
Minority Report.
After the rotation bill and the COM
mittee report upon 1t had
been read Mr.. Walker of
Pierce presented a minority re-
| port, signed by himself and two other
| members of the General Judiciary Com
mittee, Messrs. Mitchell of Thomas and
Wombe of Upson. The minority re-
port objected to the exception from the
provisions of the bill of the judges
of the Atlantic and Eastern circuits.
This was held to be a violation of the
| constitution. There is no general de-
|
report says, and it is not believed the
people OF a single circuit want such
law. The measure, the report de-
| clared, was a reflection upon the Su-
perior Court judges of the state, and
it recommended to the House that 1t be
defeated.
After several amendments, one of
them by Mr.. Glynn of Whitfield, to
require solicitors general to rotate
along with their judges were read,
| Mr.. George of Morgan took the floor
in support of the measure. The bill
was considered in Committee of the
Whole, with Mr.. Cam of Chatham in
| the chair.
Mr.. George declared there was no
reflections upon any judge in the state
| in this measure. Its object is to
equalize the iabors of the Superior
Court judges. A Superior Court judge
had just told him he favored the bill,
provided it created six divisions in
stead of four. Speaking of the diff
ference in circuits, Mr.. George pointed
out that the judge of the Atlanta cir
cult, with four counties, presided only
eight times a year while the judge OF
the Northern circuit. with ten counties,
had to preside twenty times year.
The Expense OF II.
Mr.. Howell of Meriwether, in oppos-
ing the bill, declared Mr.. George had
.I ! DTeSeDteu SOiHt very BOOu fedSO0S why
judges should not be elected by the
people, but had not presented a single
argument in favor of the bill. The
| Legislature should not spend $4,000 or
$4,000 a year. as this bill would do,
simply to gratify the people of the
Blue Ridge circuit, Mr.. Howell said.
Mr.. McHenry of Floyd said it was
unfair to rotate all the other judges OF
the state and to except those in At
lanta and Savannah
Mr.. Curry Of Hart said there was no
reason for this great revolution in the
Georgia judiciary, which had already
stood the test of time simply because
of the circumstances in the Blue Ridge
circuit.
Mr.. Womble of Upson said he signed
the minority report because he be-
lieved the legislation proposed was not
| only unwise but was also unconstitu-
tional. MIR. Womble said there was a
bill coming from the Senate to increase
the salaries of Superior Court judges
from $1,000 to $4,000. IF this measure
should be passed along with the rota-
ton BILL Mr.. Womble said, 1t would
put upon the people Of the state an adj
ditional annual expense of $33 800
Mr.. Knight of Berrien took the floor
to urge the passage of the measure
just before adjournment
| The Committee Of the Whole report.
The rotation bill will be taken UP
again tomorrow as soon as the jour
| nal has been read.
More Time for TOrrens.
A report was read from the commis-
sion appointed to investigate and re.
port on the Torrens land title registra.
ton system. saying the commission
soon discovered that such was the re-
sponsibility imposed upon IL, and so
important the character of the work
that more time would be necessary
than was at first thought The House
then adopted the joint resolution by
Mr.. Fielder OF Bibb. continuing the
commission in force for another year
and requiring It 10 report to the next
session of the General Assembly.
A resolution by Mr.. Stovall OF CHAT
ham to make the pure food bill the
special order for Thursday July 2S. was
referred to the Committee on Rules.
Hon. J.. M. Harrell was sworn in as
the new member from Quitman county.
10 succeed Hon. M. N. Phillips. re-
signed. Mr.. Harrell was electe5 on
July 20 without opposition. He Is one
OF Quitman county's best known and
most prominent citizens. The oath
was administered by Associate Justice
Andrew J. Cobb of the Supreme Court.
New niIIs Introduced.