The age-herald., 1899-02-22
MR. CUNNINGHAM
 ON COMMISSIONERS Full Text of Speech Delivered
 in the Senate. HIS MOTION TO POSTPONE Indefinitely Consideration of the Bill to Abolish Jefferson County Court of Commissioners Followed by Ex-
 haustive Line of Arguments.
HIS MOTION TO POSTPONE

pending in the senate the senator rom Jefferson said:
 MT. President-I move to definitely post pone this bill, and it is upon that motion l desire to be heard.
 MT. President as in all human things, so in legislation, we have perfect right to study the purpose, the aims and the ob- jects of proposed laws. There are four First, selfshness; second, sentiment; third, policy; fourth, last and least, principle. A man, MT. President, may favor or oppose a bill for any or all of these reasons.
 MT. President, simply rise for the pur- pose of explaining my motives in opposi- tion to this bill, and first, want to enum- crate some reasons that do not control me in my opposition to this bill It is not be- cause am standing here in opposition to the state administration, and in proof of that proposition will submit the following facts: I supported the present chief exec utive of the state for governor for the last eight years The first resolution, so far as I know, that was introduced in any county convention in the state of Alabama instructing for this gentleman when he was a candidate for governor, was in the coun- ty of Jefferson. l had the honor to intro- duce those resolutions, and was selected by the gentleman himself instructing the lief ferson delegation to stand by him. Four years later, in the contest between govern or and then Colonel Oates, also supported Johnston in that race, and in that contest canvassed certain portions of the state in his interest. In the famous contest of 1896, when there was a struggle, as it seemed to me between the rank and file and masses of fhn ia nft hte y1af honestly conceived to be then and now the syndicates of the country, I followed the leadership of this distinguished gentleman and canvassed the state for him in many places, from the silvery waters of the Ten nessee to the gulf
 I want to say, MT. President, here and now, to set myself right before the senate, and before the people of Alabama and the people interested in this bill, that I take off my hat to the governor of Alabama and say that he is the equal of any that the state has had since 1t was admitted to the union. l want to say, MT. President, that one of the redeeming features and characteristics of his administration has been to hold men to rigid responsibility in the execution of law In all these things, MT. President, the senator from Jefferson gives him full and hearty accord, and will stand by him and support him, provided always, that we can agree upon the meth ods. I am not opposing this bill MT. Pres ident, to defend criminals and rascals who have dishonored their constituency and have brought disrepute upon the people and upon their party-if there be such. I am here to say, MT. President, that I am opposing this bill not for the purpose of extenuating any circumstances or condi-
 ions that surround the official conduct of these gentlemen, the commissioners court of Jefferson county.
 On the contrary, MT. President, I want to say here in the senate, that if they are guilty of conduct unbecoming officials if they have been untrue to their trust, if they are incompetent-then they ought to be removed from office. l want to go fur ther-that if they have violated the laws of this country and they are guilty of mal- feasance in office or of dishonesty, want to put them to cutting coal for the state of Alabama.
 l want to say. MT. Pres.d that am not opposing this bill through loyalty to friends who constitute this court, or as a friend of the commissioners. So far as I know, only one of the commissioners court supported me for senator from Jeff ferson county, and that gentleman was ap- pointed by the governor to fill an unexpired term. want to say that as a fundamental principle in legislation that I do not be- lieve that have right on the floor of the senate to punish an enemy or to reward friend with my vote or support in legis- lation. Then, MT. President, why do op- pose this bill? I oppose 1t, first, because do not believe that the general assembly of Alabama should settle these questions. I do not believe that the general assembly of Alabama should be called upon to dis charge either executive or judicial func- tions, no more than believe that the judi cial or executive authorities should under take to discharge legislative functions If l understand the constitution of this state, there are three great departments of gov ernment-the executive, legislative and judicial. I believe that each of these de- partments of government should be kept separate and apart and distinct, that the whole operating together in obedience to the constitution, to the principles of de- mocracy and the rights of the people to govern this state to the best interests of the greatest number and special privileges to none.
 say, MT. President, that when the gen. eral assembly undertakes to pass upon the guilt or innocence of any man, that it is exercising judicial power, and when it does that it encroaches upon the judicial de- pertinent of the state and to that extent Is contrary to the constitution of Alabama. MT. President, if I understand the princf- pies of justice, it Is fairness and it Is right. Is there a senator on this floor that will contend for one moment that the commis- soners' court of Jefferson county have had even here a fair trial? They are not hero permitted to testify, they are not here per- mitted to appear by counsel. and when the standing committee of the senate consid- CTS faithfully and earnestly the evidence submitted to them by the attorneys of these gentlemen-and who denies their privilege and right to appear before the committee when they considered the evidence and submit report to the senate of Alabama, and when that report by an order of the senate is printed, we find that the friends of the bill force the senate of Alabama into a trial of this case without even having at hand the printed testimony.
 MT. President, we are undertaking here, in a judicial capacity, to do what a judge in the state of Alabama would not dare to do to the meanest chicken thief in this state. There Is no contention on this floor nor will there be, that" the purpose of this bill is to perfect machinery by which the discharge of the duties of the commits soners' court of Jefferson county will be better employed. The purpose is not to create new boat but to get rid of the crew that are in the present boat, to blow up the present boat that the crew may
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