The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-06

Thomas N. Mcclellan of the supreme
court of Alabama, is the first authentic
presentation of the side of the supreme
court in the controversy that has grown
up about the extension and Improvement
of the state capitol, SO well discussed
in all the state papers since the adoption
of the plans for making the old building
adequate to meet the demands of the
present in the matter of office room for
the gentle-Aen who serve the common
wealth.
The Age-Herald is glad to give this com
prehensive and exhaustive discussion of
the situation to the people, feeling that
it will prove very valuable as showing the
position of that side of the controversy
that has not been generally aired in the
press
The full statement follows:
To the Editor of The Age-Herald
have been out of the state for some
time, seeking much-needed rest and recu-
peration from the unusually arduous la
bors of the term of the supreme court
which began in November and ended on
June 80.
On my return find that the onslaught
of malediction and misrepresentation OF
the supreme court judges In respect OF
their action in the matter OF capitol ex-
tension has been diligently prosecuted.
have not had opportunity to know full
Nv what part you have taken in the dis
cussion started by the Montgomery Adj
vertser of the action of the building COM
mission in the selection of plans for adj
ditions to the capitol. A knowledge on
your conservatism, however, and OF your
appreciation of the unwisdom as well
iy,i,t Of
presentation of one side of it only, and
some expressions from you which L have
seen quoted in other papers, lead me TO
expect that you have not contributed TO
the muddy stream of wholly unwarranted
criticism and gratuitous abuse OF tho
judges of the supreme court for the course
adopted by them, which was not only
actuated by the highest and most dis
Interested considerations of public good,
but which in results will conserve the
interest of the state from every point
of view in the highest degree possible
upon the situation with which they had
to deal If my assumption as to your
attitude in this matter be mistaken one,
l yet confidently rely upon your fair
ness to give place in your columns to this
statement on behalf of the judges and to
the accompanying engraving OF the capl-
toll as 1t will appear when the plans that
have been adopted shall have been execu-
ted
Laws Provisions.
The law under which we have proceed
ed left it with the chief executive ofticers
of the state the governor. secretary OF
state. treasuf, auditor, and Attorney
gneral to determine whether there
should be a. new building on Capitoi
Square, or extensive alterations OF the
present capitol for the accommodation
of the supreme court and the library ana
provided that If such building or altera-
tjons should be determined upon the exec
utive officers named and the judges or
the supreme court should constitute
commission for the determination of the
plans and specifications for such build
ing or improvements" The Judges. had
no voice in determining whether there
should be a new building for the supreme
court All they did bearing on that ques-
ton was done at the request OF the ex-
ecutjve officers named, and consisted OF
information as to what additional room
was required for the library and work
of the supreme court and as to wetner an
adequate building could be erected with
the money available for the purpose Upon
this information, like information from
the several executive departments not
represented on the board and their know
ledge of the additional room needed by
their own departments, the board de-
termined upon the erection OF separate
building for the accommodation or the
sunreme court. Their action In that behalf
was not Influenced by any special con-
sIderation of the supreme court or It's
Judges but purely, have no doubt ana
properly beyond question, upon considera-
tions of the best interests of the state.
They found that the only way to sup
ply much needed room for the several
executive departments of the state gov
eminent and at the same time to pro-
vide for the supreme court, Its libraries
and officers, was to move the court out
of the present building, so that the sew
eral apartments now occupied by II could
be used to supply the necessities of the
present inadequate and over-crowded ex-
ecutive offices, and to establish the court,
ing. They needed our room more than
our company, and 10th as they have been
TO lose our society, they concluded to
take our room. To us, the sadness of
severance from such estimable gentle
men. is only mitigated by the considera-
ton that in the most commodious quar-
ters propesd We and those who come
after us, can discharge the important
and onerous duties imposed by law upon
the supreme court, and its judges, with
greater facility and efficiency.
Commission Acted.
The action of the executive officers in
this connection is shown by the follow
ing excerpt from the minutes of their
proceedngs;
"Mr Smith moved that the commission
erect separate building for the use or
the supreme court the supreme court
library and the several judges and court