The Montgomery advertiser., 1901-08-13

the amendment.
 l Mir. Barefield-The Probate Judge can succeed himself. Therefore, move to lay the amendment on the table. Mir. Coleman-Mr. President, must dissent from the amendment offered and now pending before this Conven- tion. I never thought 1t was a wise policy to try to remedy one wrong by doing another wrong. We have been | acting under the present law for many years, and 1t has worked well, and the people who have been intimate with | sheriffs, particularly the solicitors of
 this State, are universally of the opin- l ion. I think, that if you allow a sheriff to succeed himself. you might as well give him q perpetual office in this | State. There are several reasons why sheriff should not succeed himself. One is he can entrench himself so that you can not get him out, and then where an officer handles public money, and other peoples money. he ought to be brought to an account sometime or other.
 MT. Sanford (Montgomery)-1 would like to ask the gentleman what right a sheriff should have to succeed him. self. under an Article on Impeachment, | when you are punishing them for crimes?
 MT. Coleman-My only answer is, that is the amendment offered by the gentleman from Monroe, and that Is up for discussion, and that is what l am discussing; hope that is satisfactory. That is my understanding of 1t. MT. Barefield-I would like to ask the gentleman if a Probate Judge does not handle quite lot of money
 MT. Coleman-It has been the rule from time immemorial. that judicial of ficers did not occupy the same place, and in most of the States and coun- tries they hold office during life, or for good behavior. and Probate Judges set tie up every month. for that matter, | but they occupy a different position al ! together, and even in case of Probate Judge, it is almost impossible to defeat one for the second term. Still, 1t Is not so bad. They learn more law and be- come better qualified, but why should we make this inroad on a custom which
 has existed so long in this State, and
 which has given perfect satisfaction so far as I know. I hope the amendment
 will be tabled, and I make the motion
 to lay it on the table.
 l MT, Graham CTalladega)-Mr. Presi- dent, I want to speak in behalf of the
 amendent. I hope the gentleman will
 withdraw that!
 | Mir Coleman-T will withdraw that. Mir Graham-The gentleman who has
 just taken his seat knows very well
 why sheriffs could not succeed them
 selves in days past, and he must know
 that those reasons and conditions do
 not now exist. Every sheriff IS re quired to give bond for the talthtul
 performance of his duty, and if he col
 lects money that he does not pay over,
 he is just as responsible on that bond, and can be made to meet his obliga- tions as easily as can a Probate Judge | or Tax Collector. As to the objection
 urged by the distinguished gentleman
 YOU might as we'll continue him in of- | flee forever. CT perpetually. l want to state that sheriffs have not monop-
 oly on the line of office-holdtng in this
 State I have known men who were not sheriffs to stay in ofhce almost forever. daughterO ] Mir Lowe-Will the gentleman permit
 a question? | MT. Graham-Just one moment. want to say, furthermore, when
 you turn sheriff out or or | Ace. he someti imes succeeds in gettlng 1 tho office or Tax Collector. Tax Asses
 sor or some other office.
 Mr. Lowe (JeffersGn)-I would ike
 for tue gentleman to explain 10 the | the Convention how it would be prac- | ticable to provide for peace oft1cers al
 an election, and returning officers at an
 election, if the Sheriff is allowed TO sue
 ceed himself, and l suggest to the gen.
 tleman, before he replies. that every
 other county officer can succeed him 1 self and in that view 1t will not do to
 impose that duty on nay other county | officer and in addition to that, that | Sheriffs forces as peace officers IS al | ready organized for every county. | L;r. Graham. CTallaGega)-I want 10
 say in reply that the peace officers on | election day have nothing 10 do with | the mana cement Of the election. or
 course there are returning officers not 1 appointed by the Sheriff. but appointed | hy three county officials and the stat ute already provides that in the event
 any member of the Canvassing Board
 should be interested in the returns, l third man shall be selected by those
 who are disinterested to sit upon the
 Canvassing Board on the day of re- l turns.
 MT. Lowe-Has 1t been the gentle mans observation that even in mu- nicipal elections the police do not in- terfere with elections where interested,
 or that in county elections. the Sherih's posse does not sometimes interfere.
 MT. Graham-I have had no eXpert-
 ence on that line. I think they have | peen just as fair when Probate Judges wanted to succeeer themselves and C4f- | cLit Clerks wanted to succeed them- | selves as they have been on other oc-
 cssions and I do not sec why You | should by implication and lnslnuatloh
 say that an election would not be fair
 because the Sheriff wanted to succeed
 himself as Sheriff. and not run for the | office of Tax Collector instead ot Sher- | If. That meets the argument ot the | gentleman. I have had experience and | observation on that line, and believe
 mat the elections would be just as free from intimidations and interfer-
 ence with the Sheriff running to suc-
 ceed himself, as it would be for Pro-
 bate Judge to run to succeed himself, and the statute already provides for all
 such elections,
 MT. Coleman-May I ask question?
 You say that Sheriffs do not succeed. | Alter he has gone out of office. he is elected sometimes Tax Collector or to
 some other office.
 MT. Graham-G say they usually run
 for Tax Collector or some other office.
 MT. Coleman-And are not elected. MT. Graham-Some times they are
 elected.
 Mir. Coleman-You say some times?
 Mr. Graham-Certainly,
 Mr. Coleman-1Only some times they
 are elected
 ] MT. Graham-I said some times they