The Birmingham age-herald., 1909-07-27
NEAL HERE ID AID
 IN NEW JURY LAW
Not Ready to Announce Decis-
 ion on Governorship
TALKS OF EXTRA SESSION
Cannot See in Proposed Amendments Extraordinary" Occasion as Con- templated By Lawmakers Mak-
 ing Session Necessary.

Emmet O'Neal of Huntsville spent yesterday in Birmingham and will go from here to Montgomery either today Hotel Morris. MT. o'Neal is Chairman of the special committee of the Ala bama Bar association to redraft the jury law system for submisslon to tho legislature. His committee consists of nine members, including ,E. H. Caba- miss of Birmingham. The bill Is prac- tically completed.
 Mr. ONeGI. we'll known as an ad- vocate of local option as against statutory prohibition, is being urged by his friends to run for governor. He said last night that while he was considering the matter he was not ready to announce his decision.
 In discussing the governor, the con vening of the extra session of the leg islature and the proposed amendments to the constitution, MT. o'Neal said;
 "It has been claimed that since the constitution suspends A power of the people to meet for the purpose. of leg islation not more than once in four years the special 1ession furnished the only method of relief from that anomalous condition. Yet that tnstru- ment by exI'ess terms limits the pow CT of the governor to convene the leg islature only upon extraordinary oc- casions.' It may be conceded that many laws require revision or repeal, and that legislation on certain sub- 1ects would subserve the public good, yet it can not be seriously claimed that such condi<ons constitute that extra ordinary occasion which the framers of the constitution contemplated. An in- surrection, some widespread cala /ity or pestilence, or the overthrow by tine courts of some general revenue biul might be cited as instance of that .ex- traordinary occasion within the .pur- v.ew. of the Fundamental law. It cor tain'y was never supposed that the demands of ordinary legislation, the in- terests of some political faction or the cleins of personal ambition would jus tify the exercise ol this high execu- tive prerogative.
 Governors Proclamation. An examination of the proclama- tioh of the governor shows that aside from the three constitutional aIhsud- nents proposed, other subjects are purely matters of oI dinary legisHtlon While it is adritted that the power tc determine what constitutes the extra ordinary occasion Is left solely to the Judgment of the chief executive 1t ser tainy was never contemplated that the special session should usurp the place of a general session.
 'The question, therefore, is, do the pro. posed amendments furnish any justifca tion for the converting of the legislaturel The first demand is for constitutional amendment providing for biennial ses- sions. At the last election an amendment of this character, submitted by the same body now to be convened, was rejected by the people. The same was true oi the county amendment. Does the re. submission by the same law-making body of the same amendments to the same people in less than a year after their re- lection furnish the extraordinary occa- sion mentioned in the constitution? It is true that no question Is finally settled till it is settled right, but who is to de- termine that matter, the governor or the people who are in theory even his soy ereigns?
 Moreover can any one contend that any present relief could be secured by the re- submission and adoption of the biennial session amendment? Till the close of the regular session. which meets in 1911, we already have the biennial system. The next regular term will convene in less than two years from this date and there- fore, if the proposed amendment was adopted this fall 1t would not go into ef- feet till 1913.
 Why This Urgency?
 "It is, therefore, evident that it would be time enough to submit this question to the people in 1911. The legislature which then convenes will be fresh from the people. voicing their sentiments, and if there is a demand for the restoration of the biennial system 1t can be sub- mitted and adopted in time to continue the biennial meeting of the legislature from that date. Therefore no one can reasonably claim that anything is to be gained by the resubmission of this ques- tion to the people at this time Why then this urgency, why then is this amendment made the first subject of the proclamation? Is it because the gover- nor believes the legislature will be more surservient to executive dictation than the one which, holding fresh commission from the people, will meet in 1911? It might be lese majeste to intimate that the suggestions of certain correspondents that certain constitutional inhibition as to gubernatorial aspirations for the sena- torial toga might be obviated by the inn mediate restoration of the biennial sys- tenn. If there is any basis for these in- situations 1t might not be inappropriate to recall the admonitions of Cardinal Woolsey: