The age-herald., 1897-11-12
PEOPLES FORUM.
MONTG0MERY'S MANY EPlDEMICS.
Mir. ferguson's Reply About Other Governors Who Left the Capitol in Time of Danger.
To the Editor of The Age-Herald.

To the Editor of The Age-Herald.
 correspondent of the Montgomery Advertiser, referring to my recent article in your paper In relation to the consti- tutional rule fixing the residence of the governor and other executive officers, says that my argument does not meet the case He insists that as Governor Winston remained in Montgomery dur ing the epidemic of 1853 and Governor Lewis did not depart during that of 1873, therefore Governor Johnston should have remained at the capital during the present crisis.
 As a question of taste and precedent, perhaps my critic is right. With that I am not concerned. The point 1 made is, that according to the present consiti- tution it was the governors duty to leave Montgomery as soon as he knew that an epidemic prevailed there. It's language is plain and unambiguous. He must reside at the seat of government at all times except in case of an epi- demic. In that case it is his constatu- tional duty to go elsewhere, ard carry on the executive business of the state where the great mass of the people can have safe access to him.
 III IAui6 liiC PidSC io4 hOruihS tAiN sessions of the supreme court, the framers of the constitution ex industria, employed very different language. Sec tion 8, article 6, page 36 of the code is as follows: '"The supreme court shall be held at bhe seat of government, but if it should become dangerous from any cause, it may adjourn to different place."
 This gives the supreme court discre- ton to hold its sessions at the capital during an epidemic or other danger or go elsewhere, as 1t pleases. The execu tive officers have no discretion. With them, it is not a question of taste, cour- age or philanthropy but one of duty. The organic law says that they must not reside at the seat of government during an epidemic.
 The constitution of 1S19 under which Governor Winston acted, had the fol- lowing provision as to his residence:
 Section 21, article 4, page SS, code of Alabama: 'The governor shall always reside, during the session of the general assembly, at the place whsre tfeia- ses- sion may be held, and at all other times. whenever in their opinion public good may require it."
 This language is radically dinerent from that of ths present constitution, and placed the governor under the con trol of the legislature as to his residence; and there being no law on the subject, Governor Winston consulted his own taste and judgment.
 I have not been able to examine a copy of the constitution of 1868, under which Governor Lewis acted. My per sonal recollection is that he did net re- main in Montgomery during the ep.- demic of 1873.
 I am not the apologist or defender of Governor Johnston. It is well known that on at least one political question differ from him most emphatically. My effort was to show that ir carrying on the executive business of tf1e state in Birmingham while an epicemic pre- var@1 in Montgomery, he has acted ac- corcing to ths riardate Of the coretitu- Uion.
 More fhan this, he has been charged wisil cowardFce because he obeyed the e rstitutional rule. To those who know