The Montgomery advertiser., 1908-10-12
MT. w.-P. G. Harding,


 Birmingham, Ala: Dear MT. Harding:
 I arn in receipt of your letter of the 18th inst. in which you arg so kind as to ask for an expression of my views as to the proposed amendment to, the Constitution providing for bi- ennial sessions of the Legislature.
 As a member of the Constitutional Convention. lead the fight against the establishment of quadrennial ses- sions of our law-making body. In the speeches I then made, I based my opposition substantially on the fol- lowing grounds:
 First-That quadrennial sessions of the Legislature was an innovation revolutionary in it's character, an un- tried experiment. without a precedent in single State of the Union. Second-That the fundamental and distinguishing feature of a republf- can government was three separate and independent departments, acting sepa- rately in their own spheres. It fol- lowed, therefore, that any constitu- tional provision which weakened or impaired the powers or efficiency of any one of the three coordinate de- partments of the Government, must necessarily weaken and impair the eff fciency and harmonious action of the whole. t Third--The change as proposed and adopted, ruthlessly overthrow the sys- tenn which had prevailed in this and other States of the Union of creating two branches of the Legislature with different terms. A lower house, whose membership was frequently changing. elected at every session of the Legis- lature, secured closeness of touch and sympathy with the people. An upper house. elected for a longer term, one half of whose membership held over, secured a body with more experience in Legislation, and, therefore, more con- servative.
 By the change which was made in the Constitution of 1901, the lower and upper house were elected at the same time and for the same terms. The ere ation of a Senate was designed to se- cure a check on. nasty and inconsider- ate legnslation by the lower house. This check and balance which always had prevailed in Alabama and other States of the Union, was overthrown and without single argument In its favor. The check upon nasty and dangerous Legislation which the Senate was created originally to produce. was weakened and destroyed by the action of the Constitutional Convention. All students of political history agree that single legislative assembly has al- ways lead to faction, instability and passion, has always failed to secure just and wise government. If. how ever, the upper house was created for the same term. without and distfn- gushing feature from tho lower house, 1t would but simply duplicate all the evils of single. unbalanced assembly.
 Fourth-ours being a representative government, not acting en masse, the Legislature. is simply the people of Alabama meeting to enact. repeal or revise their laws.
 The whole argument in favor of quadrennial sessions of the Legisla- ture was based on a want Of eonfi- dence in the capacity of the people to govern themselves. It was claimed that if the Legislature met, 1t would pass bad laws. disturb and unsettle business and. should. therefore. meet as seldom as possible.
 In other words, the whole argument in favor of quadrennial sessions of the Legislature was based on the assump- tion that the people were not to be trusted. Till the adoption of the Con- stttution of 1875 the Legislature has met annually. and without limitation on its sessions, and yet the State had been wisely governed and had grown into great and powerful common wealth.
 A short session of the Legislature, meeting only once in four years. nec- essarily leads to nasty, inconsiderate and ill-advised legislation. There is not sufficient time for deliberation and consideration. If longer time was al- lowed, every important measure could be fully debated before the commit tees, full hearings had, the defects of the proposed law pointed out, full de- bate secured, and many of the evils from which we suffer overcome. h. stead of making the Legislature meet only once in four years to enact, repeal or revise the laws of a growing State, with session limited to fifty days, we should have allowed longer sessions. The evils we designed to avoid, we. in fact, secured by quadrennial sessions limited to fifty days. The remedy against the plethora of laws which now atffict the State was, in my judg- ment. biennial sessions of the Legis- lature. with a longer time limit. This would have secured full consideration of every measure, full debate before the committees and Legislature, prevent ing nasty and ill-advisd legislation and preventing the passage of many bills whose defects or disadvantages had not been considered.
 'Fifth-The Legislature furnishes the only protection of the people against inefficient and corrupt administration. Under the present system, the Legis- lature and State OfflciaIs are elected for the same terms. After the first fifty days of their terms, these of- fcails are free for four years from any examination and control by the representatives of the people. The grossest abuses could prevail but the people would be powerIess, for the Legislature could only assemble at the call of Governor, who might be interested in preventing their assem- bling. The Legislature Is the only agency to correct abuses, examine the books and accounts of officials and expose. corruption which may exist in any department of the State Govern ment. The evils which may result