Birmingham state herald., 1897-06-06

The above is mere statement of fact, showing the grounds on which the com promise rests
 It was this judgment or award of the board which brought out the interview of Governor Jones last Sunday, in which he accused Gov. Johnston of small poll tics and defended himself on the ground that the bondsmen did nave due notice that Randolph had been given time to make np his shortage; that after consul tation with the chief bonllsman and his son, they coEcurred with him that 1t was best asa measure of protection to thsm by which they would be saved the loss of the s6,400 liability already incurred that 1t was the desire of the chief bonds man that time be givsal '"rhe bonds men," says he, certainly knew that had given the judges until December 1st to make good his account''
 Upon the publication of this interview correspondence ensued between Governor Jones and MT. Ray RusIhbon, the son Of the chief bondsman,
 So much for The compromise and the grounds upon which the board ba sed theiI decision. But it will interest the public to read the statemenis of Gov. Jones made at the time of Ranldolphs flight when the facts were fresh in his mind aIld to note the reasons he i.hen gave fol his granting time to the judge
 Yes, l understand that there has
 been some adverse criticism of both
 Gov. Oates and myself on the idea that we condoned a wrong against the state, and failed in a plain duty. This
 cr1dcism is, perhaps, natural; but 1t is based upon a misconception of both
 of the law and the facts.
 ''The law does not make it the un-
 conditional duty of the governor to
 order the impeachment of a probate
 Judge whenever the auditor reports
 his failure to pay over licenses. The impeachment is to be ordered if the failure to pay over is without suffi- cient cause The governor must cite Eha judge to show cause, and hear
 him. If a sufficient excuse is shown 1he order is not made. The object of that provision of the law is to in-
 sure prompt collection of the public revenue, without inflicting upon the
 officer the disgrace of impeachment for the mere failure to make prompb settlement, for cause no. involving in- Ientional wrong or moral turpitude
 During the hast four years there
 were a number of like cases, where tihe officers were heard and time given fo pay up. Some of these delays were caused by suspension of banks; some
 times by failure to push collections Ito extremes i'm the distressing times 1mmediately after the panic; some times on account of sickness of the official, etc. In all these cases the state records showed that the parties swere in default but that did not nec- @sIsarily establish moral turpitude In all these cases the parties concerned paid up Wbthin the extended time. ! Tine revenue was collected and harsh 5 pun1shment was nDa inflicted for daults thalt were mot criminal The 1act, therefore, that there is delay in a payment does not show that there >lhas been any embezzlement or mis-
 use CT public funds, and unless the governor believes there has been mor- ,al turpitude he may most properly and rightly exercise sound discre. ! Nlon in the matter, by holding up the 2 sorder for impeachimerlt for limited ldme, until cIhe payment is made, In sdolng so he does not condone any wrong, or in any wise prevent the Impeachment of the official if the cause of .he delay resulted from any criminal mls appropriation of the pub lic moneys The governor, even if he desires could noe sltipulate for immu- Try against impeachment proceed
 ss; for they can be instituted by a grand Jury or by any five tax payers.
 Gov. Oates, with his characteristic
 manilness,' has assumed entire re-
 sporsibility, for his acts in the prem ises. and has correctly stated what
 took place between us. He has not
 however, stated all that occurred,
 lest-perhaps it might be construed as an effort on his part to put ome share
 Of responsibility upon me
 It is due to Gov. Oates to state
 that after the matter was brought to
 his attention we had a conversation
 on the subject. He stated to me what
 had been said to him by Judge Ram
 dolph and by his friends as to the
 cause of his deficit, which was the
 same excuse the judge gave me.
 Knowing Judge Randolph as thought I did, I expressed the opinion that { his excuse-that in the past two years owing to the tightness of money mat
 ters,. he had issued licenses to many
 people so that they could carry on
 business without being indicted, and
 charged the license money as having
 been paid up; when, in fact, they had 5. been 1ndulged and afterwards failed
 to pay him-was the true reason of
 his failure. While knew the judges ! habits, knew that his books had
 been repeatedly examined. by grand
 juries, and not then having heard
 things which have since developed.
 attributed his failure to loose busi-
 ness napits. but not to criminal
 wrong. 1 also said that if my term
 of office did rot end on Dec. 1, I would
 give him some further delay beyond that date-as I believed it would be
 best for the state and all concerned.
 If there were facts, which, though unknown, should have been known
 to either of us which would render ex-
 tension of time improper, more blame
 should attach to me than Gov. Oates for not suspectirg them"
 Reading this correspondence at this dis tance of time, 1t seems that a simple statement to the effect that the bonds men had been conferred with and that they desired an extension as a protection to themselves, would have done more to satisfy the public than any statement that could have teen made The tide of public sympathy for the bondsmer ran very high At any rate, the issue seems to be, not between the ex-governor and the governor, but between the ex- governor ard the sureties. The public here sanxiously awaits the next phase of the matter, it being current talk that Gov. Jones will at in appear in print.
 BOARD OF CONTROL.