The Montgomery advertiser., 1901-08-14

of the whole criminal law. He is the
 Chief Magistrate of nearly two mill
 lion people. Can't he be trusted?
 Can't he be trusted to do justice to
 one of his subordinatts? We all know
 that in matters of this sort the human
 heart, even in the breast of an execu-
 tive. is weak, and that when 1t comes
 to mcting out punishment, the chances
 are that he would be lenient in exer-
 cising the power of suspension. rather
 than prone to exercise it even in
 proper case.
 As illustrating my argument, call
 the attention, of the Convention to
 some words of Justice Amos R. Man
 ming of Mobile, a mar who has long
 since gone to his reward. but who is
 venerable in our Jurisprudence and
 who has left a cherished memory be- hind him. Here are his words: ''The offices themselves. if property
 at all, are the property of the people
 of the State. They are merely occu-
 pied by persons who arc in the em- ployment' of the State as its officials.
 They may, not improperly, be consia-
 cred as organs of the body polite. to
 which belong important functions In
 the political system: without the reg
 ular and proper performance of whici.
 functions there cannot he in the body
 politic-the State-that vigorous life
 and health which are necessary to con-
 stitute a prosperous and honored com
 monwAa1th. We have therefore more
 than once during this term, repelled the idea that the offices of the State are property in the serse in which it has become common SD to regard them.
 "No doubt a citizen who has been elected according 70 law to an office
 has an interest in and a right to It,
 on complying with the conditions pre- scribed by law, upon which he IS au- thc rized to take hold of 1t. But being
 an agent therein. or servant of the
 public, he is subject like other em- ployes. to the rules and regulations or dained by those who created the agency. and for whose benefit 1t ex- ists. The fact tha- he has been elect ed to it by a popular vote.' upon which my friend from Barbour dwelt. "coes not exemut him from the obliga- tion to conform to such regulation. or on failure to do so. firm being dismissed in the methds and by the officials ap- pointed by legislative or constitutional enactments. for the protection of the public interests"
 Why is 1t wrong, why is 1t unwise, for the sovereign people of Alabama represented here. mindful of a great evil to sav to these peace preservers in the different counties, these deputy Governors, so 10 speak, in the preserva- tion of the peace, you may be suspend ed if you don't do your duty. Why Is it unwise or improper to say to them, we regard this evil as so far reaching in It's consequences that we intend to quicken your diligence. and We mo- tify you now that when you take this office, which you are not bound to take, which you are not compelled to take, one of the terms upon which you take it is that in certain cases the overseer of the State, the Governor of the State, after hearing you, may, if he thinks. you have been direlict, sus- pend you from office, until you are tried and acquitted or condemned" We are seeking to preserve, in large measure, our civilization, by curbing a terrible evil. We cannot afford, by word or deed, here or elsewhere, to give life and germ to the idea that all our must be broken down be- cause in some locality, here or there, there may be some vicious criminal, whom his neighbors and those who suf- fered by him, desire to die by lawless methods. rather than on the altar of justice which the State of Alabama has erected. MT. President, has 1t come to this, that the great fundamental law that distinguishes all civilizations, and ours, that no man shall be deprived of life. liberty or property, but by due process of law, is to be broken down, because, here and there, there may be some brute who, so far as he is concerned, deserves any punish ment which may be meted out to him, but which, when meted out to him by lawlessnesS, breeds a cancer on the | body polite, and incites and quickens | all our evil passions, and rushes us on | to practices and sentiments that are | fatal to good government?
 The President-The gentleman's time has expired.
 Mir. Hefiin (Chambers)-Would it be necessary to make a motion that the 1 further consideration of the question be postponed until tomorrow? I believe | the special order comes up now.
 The Presidential seems to the Chair | that the special order would come up at this time and displace the matter | under consideration, in the absence of | some motion to displace the special or der.
 MT. Coleman-I would like to say that I hope the delegates will with hold any Judgment on the remarks of the gentleman from Montgomery until | they have heard reply to it, at least. | I believe the special 'order now is that | of the solicitors.
 The President-The question would | be. this Article was ordered engrossed | and to third reading, and it was read | ! third time and passed. A motion was made to reconsider the vote where by 1t was passed. and that motion was reco lsidered. The question will now be upon the final passage of the Article.
 Mir. Coeman-Mr. President, l would
 ike to inquire as to the parliamentary ruling, whether it would be out of or Ter to move to recommit 1t to the Ju dietary Committee?
 The Presidential seems to the Chair hat 1t would not be in order to move o reeommit. The Chair understands that a motion to recommit or a motion .o amend, is cut off when an Article, lnder our practice. is ordered engross- ed and so a third reading ~:.:".
 Mir. Coleman-I would make the fur her inquiry. then: Would 1t be in or Ter to move to lay the Article upon the able? - "'- :.~+..~.-
 The President-The gentleman can make the motion. :.+..
 MT. Stanford (Pike)-I would like to iuggest-
 The President-The gentleman from Greene has the floor.
 MT. Samford-With the permission of he gentleman from Greene, l would ike to suggest to the Chair that the IJ work on Parliamentary Practice, which r he Chair has before him, lays down he rHle that whenever question is