The Birmingham age-herald., 1920-05-02

By an act of Congress, approved March 7, 1919, the then terri. etory of Alabama was admitted as a state and the time for the election of delegates to the first constitutional convention was fixed for the first Mon- day and Tuesday of tae following May and were apportioned among the coun- ties then existing, as follows: Madison, representatives Monroe, 4; Blount, 8; Limestone. 3; Shelby 3 Montgomery, .; Washington. ,; Tuscaloosa, ?; Law renee, 2; Franklin. g. Cocato. 2 Clark, ?; Baldwin. l; Cahaba, 1; Conecuh, 1; Dallas, 1; Marengo, |; Marion. 1; Mo- bile, l; Lauderdale, 1; St. Clair, 1, and Autauga L
 The delegates so elected assem-
 bIed at Hunts sviIle. and on August
 finally adopted the Constitution
 of 1919. and which was signed by
 J. w. Walker, president, and John
 Campbell. secretary.
 Article of said constitution relates to the judicial department and vested the powers in one supreme court, cir cult courts to be held in each county in the state. and inferior courts of law and equity. to consist of not more than five members. It also authorized the legislature to provide for chancery courts, probate court for each county and such number of justices of the peace in each county as was deemed necessary.
 We have had several constitutions since then. but there have been but few radical changes in the judicial sys- tenn except that the more recent ones are mandatory as to probate, and jus tice of the peace courts and the estab- \ lishment of which is lot left to legisla- tive discretion. The first constitution also authorized the circuit judges to constitute the supreme court. while the latter ones provide for separate and distinct judges of all courts. The con- stitution of 1919 also prohibited the appointment of or continuance in of- flee of any judge who shall have ar rived at the age of 70 years while there is no such limitation in the more recent constitutions.
 Section 19. Article ,. of the constltu- tion of 1919 also provided that the judges of the several courts in the state should hold office during good behavior. This section however, was amended in 1890 and the term of of- fee was fixed for six years. which is the term under the present constitu- tion and which has been the term ever since the adoption of said amendment. The principal change since that time has been with reference to the manner of efecting judges. ard which will be noted later on.
 LIFE TERMS OF OFFICE
 It has been universally believed that the amendment to the constitution of 1919, cutting down the life term of of flee to six years. was the result of pub lie dissatisfaction with the supreme court as it then existed because of de- cisions es.forcing contracts for the pay ment of excessive interest. the statute against usury having been repealeds | Indeed. impeachment charges were D |. At ] orously and bitterly prosecuted, the moving spirit being one Kelly, man of prominence and victim of some of said contracts.
 For an interesting and instructive account of the trial and incidents lead ing up to and connected with same, I refer to paper read by the Hon. Hen derson M. Somerville before the State Bar Association few years since, and which should be preserved and perpet- uated as part of our judicial history.
 To the credit of those judges, they were not only vindicated. but three of them composed the first real supreme court differently constituted by the subsequent act of reorganization. It should also be said to the credit of the people that, while jealous of the power Cf~the life tenure of office. after these judges were vindicated many of them were kept in office and were honored and respected.
 SUPREME COURT
 The constitution of 1879, under which the state was admitted to the Union, provided among other things that the judicial power should be vested in a supreme court, together with such in- ferior courts as might be constituted by the general assembly, The judges of the circuit courts ~ere required to serve as members of the supreme court stated meetings being held at the seat of government to hear causes on ap peal. The judges of tLe supreme court were for many years elected by the general aSsembly-until 1868. in fact when the reconstrucsion constitution adopted that year brought in the very radical change in tho appointment by having them elected at a general cleo tiol. by the people.
 The first term of the supreme
 court was held at Cnhaba, then the
 state capital, on the second MOn-
 day in May. 1920. There were pres-
 ent Hons. c. c. Clay. Reuben Saf-
 fold, Henry Y. Webb and Richard
 Ellis. Hon. A. .. Lipscomb. the re.
 maining circuit judge, was absent
 nt this session. Hon. C. C. Clay
 was appointed chief justice. In
 1891 sixth circuit was created,
 of which Hon. Anderson Crenshaw
 was elected judge.
 Passing in hurried review the mem bership of the court from it's founda- tion as thus indicated. the records slow. a large number of names faml- far to the judicial history of the state Some of these have left the impress of their thought and character upon the wider field of American law. Judge \ Webb died in 1923 and was succeeded by Hon. Henry Minor. who was in his turn. succeeded. as soon as the general convened. by Hon. John Gayle Chief Justice Clay resigned in 1e2: and was succeeded in that office by Judge Lipscomb.
 At the election held in 1925. the first regular election by the general assem- bIy under the constitution since the creation of the supreme court. the fol- lowing circuit judges were elected: Hons 4. $. Lipscorh. Reuben Saffold. lJohn. Gayle. John White. John M. ray-