The Montgomery advertiser., 1901-08-31

every office. however small 1t may be, and I have known that this has been done In some important counties ip the State, where a complaint has been made on account of 1t and where there has been conflict of duty to the 5e3rle. [ don't think 1t ought to be there and 1 don't think we can be consis- tent in 1t and yet make this exception. That is the reason I offer the amend ment.
 The President--The question will be upon the amendment offered by the gentleman from Montgomery.
 MT. Cobb-My friend from Madison has explained why 1t was that this provision was put into the Constitution It not infreauently happens that there Is some difficulty in getting a register in chancery for the reas S1 that the off, flee pays nothing in many counties. and this was only provision allowing the chancellor. in his discretion, to appoint the clerk of the Circuit Court, if he was suitable. to be his register so that out of the two offices one respectable office might be made and a competent man might be secured. do not take much to this idea about offices going around. Offices were not made for office hold
 
 the people and for the proper adminis- tration of law in the State of Alabama, and the people of Alabama are very indifferent whether one man or an- other holds office. provided he discharg- ed his duty faithfully. I move to lay the amendment on the table. Upon a vote being taken a division was called for. and by a vote of 59 ayes and 42 noes the motion to table the amendment prevailed.
 MT. Sprsggins-I now move the adop- ton of the article and on that call the previous question.
 Mir. O'Neal (Lauderdale)-I desire to offer an amendment and ask the gen. tleman to let me offer one other | amendment.
 MT. Spraggins-If the gentleman from Lauderdale is willing to take the chances and will promise not to make a speech (applause) and will renew my motion I will withdraw 1t.
 MT. O'Neal-I accept the proposition. The amendment by Mir. O'Neal was read as follows:
 Amend Section 16S, page 43. by adding | thereto the following:
 The Legislature may increase the | Jurisdiction of the inferior courts pro- | vided for in this section in all civil cases to an amount not exceeding live hundred dollars.
 MT. Watts--I move to lay the amend ment upon the table.
 Upon a vote being taken the motion | to table the amendment prevailed. MT Spraggins-I now renew my mo- | tion for the adoption or the article, and upon that I call the previous question. The main question was ordered, and upon a further vote being taken the article was adopted.
 Article VII on Impeachments was read as follows:
 ARTICLE VII.
 Impeachments.
 | 173. The Governor, Lieutenant Cover nor. Attorney General, State Auditor. Secretary of State. State Treasurer. Superintendent of Education. Commis- sioner of Agriculture and Industries, | and Justices of the Supreme Court may be removed from office for wilful neg lect of duty, corruption in office, in- | competency. or intemperance in the use of intoxicating liquors or narcotics to such an extent. in view of the dignity | of the office and importance of its duties as units the officer for the dis l charge of such duties or for any of1ense involving moral turpitude while in office. or committed under color thereof or connected there with, by the Senate sitting as a court of impeachment. under oath or affirmation. on articles or charges pre- ferred by the House of Represents | tives.
 174. The chancellors, judges of the Circuit Court, judges of the Probate Courts. Sheriffs. Solicitors and judges | of other courts from which an appeal may be taken directly to the Supreme Court. may be removed from office for any of the causes specified in the pre- | ceding section or elsewhere in this Con- stitution by the Supreme Court. under such regulations as may be prescribed by law. The Legislature may provide for the impeachment or removal oi other officers than those named in this article.
 175. The clerks of the Circuit Courts or courts of like Jurisdiction. of crimi' nal courts. tax collectors. tax assessors county treasurers. county superintend. ents of public instruction, corouars, jus tices of the peace, judges of inferior courts. created under authority of Sec. ton 16S of this Constitution. notaries public, constables and all other county officers. Mayors. intendants and al other officers of Incorporated cities ant towns in this State. may be removed from office for any of the cau.'es speci fled in Section 173 of this Constitution by the Circuit or other courts of like Jurisdiction or a criminal Gsulrt of th' county in which such officers holt their office. under such regulations al may be prescribed by law; provided that the right of trial by jury and ap peal in such cases shall be secured.
 176 The penalties in cases arising under the three preceding sections shal not extend beyond removal from offic' and disqualification from bOlding of fee under the authority of this State for the term for which ihe officer wa elecu1d or appointed; but lhe accused shall be liable to indictment and pun ishment as prescribed by law.
 Mir. Jones (Montgomery)-I desire t offer an amendment.
 The amendment was read as follows
 Amend Sectlon IFS. page A, by adding at the end thereof the following words When the Governor or Lieutenan Governor is impeacheA the Chief Jus tice. or, in his absence or disability some one of the Justices of the Su preme Court to be selected by 1t, shal preside over the Senate when sitting as a court of impeachment"
 Mr. Mulkey here took the Chair.
 Mir. Jones (Montgomery)-I deslr briefly to state that amendment ha been submitted to tha Committee Ol Order. Consistency and Harmony. an' the Committee approve of 1t. It is in tended to cure an evil that migh otherwise exist of the Lieutenant-GoV ernor having the legal if not the mora right to preside over the Senate. whel it was trying the Governor whom h was to succeed. and I think the peopl of the State think we ought to provid