The age-herald., 1901-08-15
This Allows Schools COnstitu- tiOnaI Tax Which LegisIa-
 lure Cannot Reduce
SHERIFF QUESTION TAKEN UP
Section Reconsidered and Law as to Sheriffs Will Remain Practically as 1t Is Now Except In Cases
 of Impeachment.
BY FRANK HARVEY MILLER.

BY FRANK HARVEY MILLER. Montgomery August 4-(Special )-The convention spent most of the morning session in reconsidering it's recent enact ments as to sheriffs.
 It had adopted an ordinance allowing the sheriffs two terms and providing that the Supreme Court should try them when impeached and that pending the impeach- ment proceedings the Governor could re- move them from office.
 It changed all this today and left the law as 1t now stands except that the sher- ifs when impeached shall be tried by the Supreme Court instead of the Circuit Court in their county.
 This is the end of the sheriff matter which off and on has occupied so much of the conventions time.
 The following articles were today read the third time and adopted. viz: Amend ing the constitution, miscellaneous pro- visions representations, exemptions and municipal corporations.
 The convention then took up the report of the comimttee on education. The main change recommended from the present law was to substitute a three-mill con- stitutional tax for common schools in- stead of relying on a legislative appropri- ation.
 The section as reported was finally adopted with slight amendment. This gives the schools constitutional tax, which the legislature cannot reduce.
 Convention Opens.
 The seventy-first days session of the constitutional convention was called to order by President Knox at o'clock. prayer offered by MT. Ashcraft of 0An elaAx dal gates present The committee on journal reported it was correct.
 Captain White chairman of the com mittee on harmony, asked that the com mittee be allowed tu sit during the morn- ing session, This was granted. Captain White stated the committee was working hard and trying to keep up with the work of the convention.
 MT. Long of Walker arose to a question of personal privilege and explained some remarks made yesterday in discussing the sheriff question
 MT Sanford of Pike chairman of the committee on engrossment, reported without recommendation MT. Waddelfs resolution to have the secretary contract for the enrolment on parchment of the constitution.
 MT. Waddell moved the adoption of his resolution. MT. Fitts of Tuscaloosa thought that some of the numerous persons already in the employ of the convention were com potent to do the work without employing outside assistance. The parchment had already cost $105, and the work would cost about s125.
 MT ONeill of Jefferson moved to table the resolution, which was done by a vote of 55 to 26.
 MT. Smith of Mobile. chairman of the judiciary committee, reported substi- tute to an ordinance of MT. Reese of Dal- loo bie cd In fer rape or assault with intent to rape the court may exclude from the court room all persons not necessary in the trial
 MT. Sanford of Pike, chairman of the engrossing committee. by consent intro- duced a resolution to instruct the engross- ing clerk to employ assistant clerk at S day. The rules were suspended and the report was not adopted by vote of S5 to 54.
 MT. o'Neal of Lauderdale arose to question of personal privilege and correc- ted a statement in the Montgomery Ad- vertiser.
 The Sheriff Matter.
 The convention then took up the sheriff matter This was on a motion of MT. Long of Walker to reconsider that sec ton which authorized the Governor to suspend sheriff during impeachment proceedings.
 
 vor of reconsideration. He said the prop osition was to dismiss the sheriff, and after he was dismissed to then go and ind out if he had done anything wrong. Since 1S19 there had been no such provis- ion in our law. It Is said the solicitor ca nbe suspended but it Is onl yafter he has been indicted. Every criminal, no matter how pheinous his offense, has the presumption of innocence in his fa- vor, yet this law changes that presump- tion in the case of a sheriff. Who ever heard or an office being taken from a man without trial:
 You take the sheriff from his home de- ny him jury trial and only then in ad- dition suspend him upon an opinion of the Governor. Here his time expired.
 MT. Dent of Barbour said that mob law was growing and was no longer confined 70 one crime. Something ought to be done to suppress this evil. The sheriff is tha county officer to prevent this. vet I have never heard of any sheriff being nun ished for failure to do so. He moved to lay the motion on the table An ave and nay vote was demanded on this. and the 66 to 56. wy VI The motion to reconsider was then adon- ted by vote of 55 to 52. Further action was postponed temporarily.
 One Term-No Removal.
 The next order of business was the re. consideration of the vote on the section giving sheriffs two terms. Governor Jones moved to postpone the considera- tion of this matter until next Friday This was lost by vote of 50 to 5s.
 MT. Reese of Dallas moved to table the motion to reconsider. An aye and nav vote was demanded on this motion, which was lost by vote of 45 to 7S.
 Considerable parliamentary discussion followed on a point of order as to whether the article could now be reconsidered. having been ordered engrossed. and to a third reading. President Knox decided to submit the point of order to the conven- tion, and allow them to decide 1t, which they did in the negative. as to the point of order, by vote of s6 to 65.
 The article was then reconsidered
 It was then moved to table Mir. Bare fields amendment, which allowed ths sheriffs to have two terms. An aye and