The age-herald., 1899-01-28
WAS ACClls <,A|ED BY BILL PrOvidirs : # Suspension Dur-
 Ie.S Impeachment. NO ACTION ON BURKRALTER BILL Canvass Shows That It Will Pass the
 House by Large Majority. MESSAGE OF GOV. JOHNSTON On the Subject of Abolishing the Jeffer- son County Court of Commission
 CTS Still an Interesting
 Topic.
MESSAGE OF GOV. JOHNSTON

Montgomery, January 27.-(Special.) .)-The senate judiciary committee this morning made it's report on the Cunningham resolu- ton inquirng what authority, if any, there is on the statutes of Alabama for suspen- sion or impeachment proceedings against members of county boards of revenue com missioners, mayor and aldermen, etc.
 The committee reports that there is no provision for suspension from office, but that there is ample provision for impeach- ment proceedings and cites the authority.
 Together with this report came bill pat termed by Senator Moody, providing for the suspension from office during impeachment proceedings of any sheriff, clerk of court, tax collector, tax assessioT, county treas- urer, coroner, justice of the peace, notary public, constable or any other county officer, and any mayor of any incorporated town. When such proceedings are inaugurated; it is made the duty of the clerk to so notify the governor, whose duty it shall be to-sus pend such official from office, and appoint successor to serve during the impea chment proceedings. If the official be convicted the successor appointed shall serve until the next general election.
 This bill is intended to reach the Jeffer- son county case and is endorsed by Senator Cunningham.
 Senator Cunningham furnished the fol- lowing interview stating his ideas of the bill:
 "The purpose of the resolutions were briefly these:
 "Frst-To ascertain if the suspension of members of the courts of county comms. sioners or boards of revenue was constitu-
 
 "Second--Whether these officers could be impeached.
 "Third-The procedure for Impeachment.
 "Fourth-To report by bill any defects in the law.
 "The following in substance is the report of the committee: "First-There is no law for their suspen- sion.
 "Second-There is ample constitutional authority and statutory precedence for their impeachment. They also report bill providing for the suspension of all county officers by the governor pending impeach. ment proceedings.
 What is the statutory procedure to in- corporate impeachment proceedings?"
 There are these, to wit: "First-The grand jury. Second-Five tax payers. Thrd-The governor. If the governor of Alabama is of the opinion that any member or all of the mom- bers of a commissioners court or board of revenue is guilty of any of the consti- tutional causes of impeachment, set out in section l. article vii, of the constitution, he can, in writing, order the solicitor of the circuit to proceed at once with im- peachment proceedings. This is the law now and has been for some time.' The governors message to the general as- sembly on the subject of abolshing the Jefferson court of county commissioners is still the absorbing topic in all the gather ings about the capitol. The Burkhalter bill is now in the hands of the committee on local legislation. The sentiment in the house seems largely in favor of abolishing the court. A leading Birmingham citizen, who is interesting him. self in the matter, said this morning that he had made a canvass of the members and felt very sure that the measure would get a two-thirds vote when it came up for passage.
 The Committee's Report
 Tho senate judiciary committee's report on the Cunningham resolution is as fol- lows:
 ITO the Senate of Alabama:
 Your judiciary committee to whom was referred the resolution in reference to the suspension and impeachment of members of courts of county commissioners or of boards of public revenue, report as follows, to-wit:
 First Section of article of the con- stitutlon provides that certain county of- ficers, naming them, and all other county officers may be removed from office for any of the causes specified In section 1 of said article. The causes referred to are 'wilful neglect of duty, corruption in office, habitual drunkenness, inoompetency, or any offense involving moral turpitude, or conn mitted under color thereof, or connected herewith
 Your committee is therefore of opinion that the constitution provides for the im- peachment of members of a court of county commissioners or of a board of public rev. epue.
 Second Your committee has not been able to find in the constitution anything --~>-,-->~-~-~----->---
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