The Montgomery advertiser., 1905-08-08

day afternoon. but no one in Montgom- cry was authorized to give it out. It Is now reproduced in full. along with new engraving of the design.
 To the editor of The Age-Herald:
 have been out of the State for some time seeking much-needed rest and re- cuperation from the unusually arduous labors of the term of the supreme court which began in November and ended on June 30.
 On my return I find that the on- slaught of malediction and misrepresen- tation of the supreme court judges in respect of their action in the matter of capitol extension has been diligently prosecuted
 have not had opportunity to know fully what part you have taken in the discussion started by The Montgomery Advertiser of the action of the building commission in the selection of plans for additions to the capitol knowledge of your conservatism. however, and of your appreciation of the unwisdom as well as injustice of determining any is- sue upon a presentation of one side of 1t only. and some expressions from you which I have seen quoted in other pa pers, lead me to expect that you have not contributed to the muddy stream of wholly unwarranted criticism and grat-
  preme court for the course adopted by them, which was not only actuated by the highest and most disinterested con- alterations 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 situa- tion with which they had to deal. If my assumption as to your attitude in this matter be a mistaken one, l yet confidently rely upon your fairness to give place in your columns to this statement on behalf of the judges and to the accompanying engraving of the capitol as it will appear when the plans that have been adopted shall have been executed.
 Laws Provisions.
 The law under which we have pro- ceeded left 1t with the chief executive officers of the State, treasurer, auditor, and Attorney General to determine whether there should be a new building on Capitol Square, or extensive altera- tions of the present capitol for the ac- commodation of the supreme court and the library, and provided that if such building or alterations should be deter mined upon the executive officers nam ed and the judges of the supreme court should constitute a commission for the determination of the plans and specifi- cations for such building or improve ments." The judges had no voice in determining whether there should be O new building for the supreme court All they did bearing on that question was done at the request of the executive of- ficers named, and consisted of informa- ton as to what additional room was re- quired for the library and work of the supreme court and as to whether an ad- equate building could be erected with the money available for the purpose. Upon this information, like information from the several departments not repre- sented on the board, and their knowl- edge of the additional room needed by their own departments, the board de- fermined upon the erection of a sepa- rate building for the accommodation of the supreme court. Their action in that behalf was not influenced by any special consideration of the supreme court or its judges but purely, I have no doubt, and properly beyond question, upon consideration of the best interests of the State. They found that the only way to supply much needed room for the several executive departments of the State government and at the same time to provide for the supreme court, its libraries and officers, was to move the court out of the present build ing, so that the several apartments now occupied by 1t could be used to supply the necessities of the present made
 
 fees. and to establish the court, Its H. braries and offices. in a new building, 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- tion that in the most commodious quar- ters proposed we, and those who come after us can discharge the important and onerous duties imposed by law up on the supreme bench and It's 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 proceedings:
 Mir. Smith moved that the commission erect a separate building for the use oi the supreme court. the supreme court library and the several judges and court officials, the plans and specifications tC be fixed later and at a cost within the appropriation fixed by law. This mo tion was seconded, and the question be- ing put, was unanimously adopted"
 The adoption of this resolution had by the terms of the statute, the effect o bringing the judges into the commis sion and constituting them members o 1t for the purpose of adopting plans ant IOT tne pTOpOSeu The suggestion which has been made that the statute did not have this effec Is too absurd and puerile for discussion The wisdom of the provision Is obvious It was certainly not only proper bu most necessary that a board charged with the duty of adopting plans ant specifications for a building for certaiI uses and to meet certain ends should have upon 1t men who know what sor of building would subserve those use and meet those ends. You would no set a preacher to plan a prison. nor, b! the same token, would you set a jaile to design a church. Again, 1t has beer suggested that it Is altogether unseeml. and in a sense outrageous that the de termination of these plans was not lief to the governor. With more propriet! the suggestion could be made that tn planning of county court houses shoul, be left to the sheriffs. for they are tn chief executive officers of their counties and not one of them but knows nor about the requisites of a county cour house than a governor who Is not lawyer and who has probably neve been in the supreme court knows abou the requisites of a building for tn work of the supreme court. Yet no body ever heard of a sheriff being Sc to plan a court house It Is true. O course. that the governor is the honore head of the executive department of tn State government, but 1t Is equall true that the judges of the suprem court constitute the head of the equa and coordinate judicial department O the State government, and the lnheren