The Birmingham age-herald., 1915-07-14

same cause of action in more counts than one, not exceeding three, for each cause or form of action, and in each count after the first, must aver that it is the same cause of action as in the first count. It also provides that defendant in any suit at law may state the same matter of defense in more pleas than one, not exceeding three, for substantially the same defense; and in each plea after the first must aver that. it. is the same matter of defense as in the first plea. It provides that similar rule shall apply to all subse- quent pleadings except demurrers, but that the trial court may allow addi- itnoal counts, pleas and other plead ings as 1t may deem necessary, which action of the court shall be reviewable on appeal. It is true that we frequently find too many counts and too many pleas in an action at law, but this bill is an awkward and incomplete effort to memedy that trouble, and would re suit in making our last state worse than the first Should that bill be adopted there will be many instances in which the trial court will be reversed for ey- ercising it's discretion In allowing ad diticnal counts or pleas to be filed.
 'The majority recommends that the salary of each circuit judge and su pernumerary judge shall be s9ooo per annum. They also recom- mend that the salary of each circuit solicitor be s2400 per annum and that the office of the county solicitor ere ated for any county under any local act be abolished in January. 1917. The bill relating to solicitors provides that no circuit solicitor or his assistant shall represent public service corpor- ations. l think it a mistake to single out one branch of solicitors outside practice and to prohibit him from that branch only. I do not believe that so- licitors should represent either public service corporations or individuals, but should give their entire time to the state The proper way would be to prohibit solicitors from practicing law for individuals or corporations of any kind and then pay them adequate sal aries. l doubt the wisdom of limiting the salaries of the circuit judges and supernumerary judge to $3O00. l favor economy in public affairs and am op- posed to exorbitant salaries for any services, but l believe that judicial offices should be made more attractive and that we should do everything in our power to provide for a more ef- ficient judicial system 1 do not be- lieve we are pursuing the right policy when we limit judicial salaries to all amount less than that which many or the judges could earn in private life.
 ''The bill relating to solicitors provides that the office of county solicitor or so- lictor for any county created under any local law, be abolished in January, 1917. County solicitors were elected in some counties of the state at the general elec- ton in November 1914 for a term of four years. and the effect of this bill will be to abolish such offices in the middle Of the term, which will be a manifest injus- tice in a number of instances. A con- crete example is afforded in Jefferson county, where a county solicitor was elected in November. 1914, for a term of four years, and is now discharging his duties in an active and efficient manner. The solicitor of Jefferson county was elected on direct issue, and if this legis- lature should abolish the office in the middle of the term. such action would be inexcusable and indefensble. Should the office of county solicitor for Jefferson county be abolished during the middle of the term of the present incumbent the county solicitor has no opportunity to pre- sent his case to the people who elected him until two years after he has been re- tir ed from office.
 There are other bills recommended by cism. but I shall not here attempt to to the legislature that all bills recom- mended by the committee be carefully considered and their provisions thoroughly analysed before deciding that they are meritorlous.