The age-herald., 1899-02-22

or incompetency and of other derellcttons.
 Is it right for the general assembly to say lwe cannot remove you by trying you as a court but we will repeal and abolish the office you hold? I have heard no other argument MT. President offered this floor, than that the purpose is to get rid of the comm ssioners Of Jefferson county. | Then why do I oppose this bill? First, be- cause will stand, so long as I can stand l and I will speak long as have the use | of my tongue, for justice and for fairness | I believe, MT. President, that these com-
 mlssioners should be tried in tho courts of l this country. That is my record upon l that question? The first or second day of l the present meeting of the general assembly 1 I introduced resolutions a. inquiry, inqu r.
 | ing into the consttutionaI and statutory provisions for the suspension and impeach- ment of county officials and boards Of revenue. The judiciary committee reported
 l to the senate that there was no provision, constitutional or statutory for suspension,
 | but that .here was amble provisions for im- peachment. Now I undertake to say that
 | there Is provision for impeachment, and l the code says so How? By five taxpay- l CTS in the county of Jefferson or by the
 l grand jury-and want to say until recently | was under the impression that the gov | ernor himself could cause the impeach-
 | ment of county officials or boards of rev.
 1 enue by instruct'ng the solicitor of the cir
 l cut-but I have been informed by com | potent lawyer that such is not the case.
 l Now, I want to say. MT. President. I
 | don't know as 1t will be made here the
 l floor. but 1t Is made in the lobby, it Is made
 l elsewhere, that you cannot impeach the
 | commissioners that they cannot be brought l to trial.
 l If that is the case, 1t is an impeachment
 | of the courts of this state, it is a refiec-
 ton upon the judiciary of Alabama when
 l you say that they cannot be impeached,
 1 even though they are guilty. Why not say, l MT. President, that 1t Is impossible for a l court to do justice to any other criminal
 l murder, highway robbery, arson or any of l those greater crimes, why not say that be- cause 1t is impossible to get justice in the
 courts that you will legislate away all these | things and abolish the courts? Let the peo- pie of Alabama know that the law provides
 procedure for impeachment, and that the | friends of this measure dare not go into the courts-I submit as logical proposition l that if that be true, then the cause is un- l just or the courts are dishonest. If your courts are honest and your cause is just, why not try them? But it is said, MT. President, that these commissioners draw thcir own jurieS. admit frankly that that would be a farce-I admit that. I admit al-
 1 so that 1t would be unfair for the governor to appoint the jury commissioners, to draw the 5uries to try these men under these cir cumstances-I mean the circumstances of this bill-I admit that. Therefore I intro duced a bill in the senate providing a gener- al law that the probable judge, the circuit court clerk and the registrar in chancery should draw the juries when impeachment proceedings were brought against boards of revenue, commissioners courts or jury commissioners. That bill passed this sen- ate unanimously, and if the bill were to be- come law, Mr. President, and I see no reason why it should not, then certainly that argument, would fall to the ground because there would be a jury drawn by the terms of the bill providing impartial jury Another thing, am not opposing this bin because of the fact that the successors were to be appointed by the governor Allow ms to say, MT. President that if these commis- sioners were to die to resign, or to be inn peached, I would vote against any bill in this state providing for special election to elect their successors. But undertake to say. MT. President, that when there oc- cured vacancy, neither by death, resig nation nor impeachment, then I have a right to stand upon this floor and defend the rights of my constituents. Now, as to the guilt or innocence of these men l shall not at this time proceed to argue that par ticular question. When the report of the examiner was published 1t impressed me that they were doing a great many things without authority of law, but when we read the reports of the standing committee of the senate, to which this bill was referred, we find that the vast majority, in fact near ly all of the appropriations and work of these commissioners was done in obedience to the mandate of law. I want to say to the senators on this floor that Jefferson county is some pumpkins the code of Ala bama is not big enough to contain all her code, that we have a special code of our own. Senators perhaps have not heard of that proposition, and my purpose this morning-one purpose In asking for the postponement of the bill was to give sena- tors an opportunity to read the report-and to refuse if they dare-I mean if they can the testimony offered by the standing com mittee.
 Now. there Is another reason why am
 opposing this bill. Can you guess what 1t is? I have but two hands and can only point at two senators at a time, but put it to every senator here. Suppose 1t was your county, what would be uppermoSt in your heart? It would be, If you are patri- ots the right of your people to local self government. What does this bill do. Mir President? It takes from the people of Jefferson county the right of self-govern- ment. It is said the people of Jefferson county cannot elect honest commissioners. That Is an impeachment of those people That there is some influence or other up thero that puts in commissioners to do a certain bidding. am here to say, and that too, with all the power that is within me- that the man who by his vote. or his lan- guage says to me upon this floor that your people are not capable of local self-govern- ment, insults not only democracy, but every man, woman and child in my county. If this were a general bill abolishing all the commissioners courts in the state, and es- tablishing boards of revenue, it would not be a local bill. confined to the county of Jefferson, and that makes it a local ques tio and there is not a senator on this floor that will vote for amendment including his own county. It means that the representa- tive of the people of Jefferson county is to be gagged and overthrown by a majority of the representatives of the people of Ala bama in other parts of the state. because forsooth, they are not capable of local self government. That is what it means.
 Now, If I was asking for the passage of this bill as the representative of the peo- pie, that would be an entirely different matter If were here as the representa- tive of the people of Jefferson county ask ing to pass this bill, then, MT. President you would have right to consider that knew what was doing, and right here allow me to say that when. I voted for