The Montgomery advertiser., 1901-08-13

man from Barbour happens to be the Chairman of that Committee. The Presidential bears upon the question of suffrage. and resolutions re- lating to that subject should be re- ferred to the Committee on Suffrage and Elections.
 MT. Burns-I understood Mir. Browne of Talladega, offered an ordinance to- day on State and County Boundaries, which was referred to the Committee on Amending the Constitution.
 The President-That related to build- ing of an extra Court House.
 MT. Rurns-I ask that the resolution under the rules go to the Rules Com- mittee.
 The President--The Chair will refer the resolution to the Committee on Rules at the suggestion of the gentle man from Dallas. Leaves of absence were granted as follows: To MT. Stoddard for Monday and Tuesday, on account of sickness to Mr. Sanders for today, to MT. Jones of Hale indefinite leave on account or | sickness.
 The President-The special order for this evening will be the consideration of | the report of the Committee on Inn peachments. Unless the Chairman de- sires to make some general statement. l the report will be taken up Section by | Section.
 Mir. Hood-I ask that the first Sec ton be read.
 Mir. Long (walker)-I would call at tention to the minority report, which under the rules should be considered first.
 The Presdent-The minority report will be considered as an amendment to ha ain first considered. The Secretary read the report as fol- | lows:
 AN ORDINANCE. Be 1t ordained by the people of Ala bama in Convention assembled, That | Article VII. of the Constitution be stricken out. and the following Article | inserted in lieu thereof: ARTICLE -. Impeachments. | Section l. The Governor, Lieuten- ant-Governor Secretary of State, Au- ditor, State Treasurer, Attorney-Gener- al. Superintendent of Education, Com
 missioner of Agriculture and Industries and Judges of the Supreme Court may | be removed from office for wlful neg 1 iect of duty, corruption in office in competency, or intemperance in the use of intoxiating liquors or narcotics to such an extent, in view of the dignity | of the office and importance of it's du- | ties, as units the officers for the dis l charge of such duties. or for any offense l involving moral turpitude while in of | flee, or committed under color thereof | or connected herewith, by the Senate sitting as a court for that purpose, un- der oath or affirmation on Articles CT charges preferred by the House of Rep resentatives.
 The Secretary read the minority re- port as follows.
 MINORITY REPORT. Mir. President-The undersigned mem- bers of the Committee on Impeach- ments do not concur in the report of l the majority as to Sections 1, ? and 3. | and in lieu theerof, We recommend the | following:
 Section 1. The Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor, Attorney General, Suuperin- | tendent of Education, co mmissioner of Agriculture and Industries and Judges | of the Supreme Court, may be removed | from office for willful neglect of duty, corruption in office, habitual drunken | ness, incompetency. or any offense in
 volving moral turpitude while in office, l or committed under color thereof or
 connected herewith, by the Senate, sit l
 oath or affirmation, on articles or charges preferred by the House of Representatives.
 l The minority report was signed by the l following members constituting the mi
 norty: Messrs. Thompson, Robinson,
 Haley, Smith (Mac. A.) and Long l (Walker.)
 MT. Long (Walker)-The question is on the substitution of the minority re- I npf f0,. hot fal h,,A
 of the Committee. The minority re-
 port has added the words "Lieutenant-
 Governor anl Commissioner of Agricul- ture and Industry" With that excep-
 tion, 1t is the same. l have the honor | of sitting on two committees. The
 other reported back exactly what was
 in the old Constitution, and that is
 what we have tried to do on the Ar
 ticle on Impeachments. It is not nec-
 essary to discuss it. There is not much
 difference in the two sections. I think
 it is better as 1t is in the old Consti-
 tuition. and, therefore, I move the adop-
 tion of the minority report.
 MT. Hood-The only differences be-
 tfeen Section 1, as reported by the ma jority of the Committee and the old Constitution, (the same section in the
 old Constitution is that the office of
 Commissioner of Agriculture and h.
 dustries and Lieutenant-Governor have
 been added; the words "habitual drum kenness' have been stricken out, and | in lieu thereof the following inserted | "or intemperance in the use of intoxi- eating liquors or narcotics to such ar
 extent, in view of the dignity of the of flee and the importance of its duties, as units the officer for the discharge o1
 such duties"
 MT. Oates-I want to inquire if that
 change was made in consequence of the
 decision of the Supreme Court in the
 Robinson case?
 MT. Hood-Yes, sir; that last change
 quence of two decisions of the Supreme
 Court of Alabama; the first of which
 was the Savage case, the impeachment
 of the Probate Judge of Cherokee Coun
 ty in this State; and the second thu
 Robinson case from Lee County. Tht
 latter case is reported in 20 Southerl
 Reporter By an examination of tha
 case, it will be found that the Supreme
 Court have decided the words "habitua drunkenness" in effect, mean persoi
 who is drunk more than sober. It vii also be observed by an examination o
 this entire Article that these words
 Ina bitual drunkenness" apply to all of
 ficers of the State, from the Governo
 of the State. the members of the Su
 preme Court of the State, to the con
 stables in the several beats of tn
 State Under the rule as laid down il these two cases, a Supreme Court Judg
 is not required to be more sober maj than a conSta ble of a precinct. Witt