The Montgomery advertiser., 1901-08-13
Paired.
Noes.

Paired.
 Ayes. Noes. Porter. Hefin. of Chambers. eioah' Nir.ams (MuI eng.J,
 So the motion to table prevailed.
 Mir. Barefield-I have an amendment
 The amen0ment was read as follows:
 An amendment to Section Z: Amend Section by adding at the end there of; provided, that sheriffs shall be eligible to succeed themselves in the omce Of snerin.
 MT. BaretieId-I yield to the gentle man from Jefferson.
 MT. Cunningham-I dc not intend to make any speech of any length upon this subject. but l am heartily in la vor ot allowing the sheriffs to succeed themselves. In the first place, know of no substantial reason why they shpuld not succeed themselves, if the people want them. In the second place. I think the provisions that we are adopting in regard to the impeach- ment or sheriffs should give them the right of an appeal to the people. where they live, for reelection. l am in fla Vor of the impeachment of the sherifrs as ordained in the ordinance on the executive department. l voted to ta- hle the minority report, and am in fa-
 
 l understand it. substantially the same as that of the Executive Department upon this question. But 1 believe that the sheriffs should have an opportuni- tysto vindieate themselves and for that reason I am heartily in favor of the zheriffs having the constitutional priv llege of offering for reelection. l do not know whether this would be any compromise or not. So far as l am 6n lieVe that this Convention should con- descend to ask any officer in the State of Alabama from Governor down what he thinks about 1t. That is my ticket. We are here to do what is right, and it does not make Any difference wheth- CT 1t Is politics, or whether 1t pleases or tickles any particular officer in Ala bama That is my idea It makes no difference whether it pleases the solic- itors. Governor or courts or anybooy else. believe it is right that the sher- if should, If possible. maintain order. and maintain the law of the land, and I believe 1t Is also right that an officer who is an arm of the executive in the county should be amenable at least to that executive to the extent of dis charging his duty faithfully, and 1 hs- lieve the Governor has the right to sus- pend him pending impeachment pro- ceedings. and I believe the Supreme Court of Alabama is the proper tribu- nal to try him. I subscribe fully to this doctrine, but also subscribe to the principle that the sheriff has the right to succeed himself. and that the people of any county have the right 10 re-elect him. not in spirit of com promise. I have never yet. in all my life, subscribed to anything that was q compromise of what ] believed to he right and I believe that the ma jority report upon this question. which is the same as that contained II thF Article on the Executive Department is right. I also believe in the right or the sheriff to succeed hlHseH II t"e people want him.
 Mr Jones (Montgomery)-I favor the amendment which has just been of- fered. because see no particular det- rtnoent to the public welfare If 1t De- comes a part of the Constitution. nave no other reason. There has been wide difference Of oplnlon among the members of the Convention as to the wisdom of certain provls:ons which are now in the Constitution re- ear6ine the responsibility which sher- ifs shall incur. and the manner in which the Governor may deal with them. I am not one who is opposed to inc compromise of policies. While would not compromise with the sher- ifs. I am perfectly willing, in order to remove this question from further de- bate, and to satisfy the members or the Convention to vote for this amenomeht, with the understanding, as l believe 1t is with many of them, that if it is adopted. it will end the differences In this body.
 Mir. Lowe (JaffersolO-Should there not be some D. ovision. then, in case sheriff should be q candidate for re- election the sheriff bsing returning or ficer and also having charge Of every box in the county, limiting the power of the sheriff where he himself IS candidate for reelection?
 MT. Jones-My impression is, though have not looked at the Statutes, that the laws have already provided, when the sheriff is a candidate that some one else should be selected in his stead.
 Mir. Espy-He has not been a candi- date, and could not be under the law, but where he is interested, that is the law.
 Mir. Jones-That would be a matter of legislation, and there would be no objection to putting it in the Constitu- tion.
 Mir. Lowe-That is the objection that I have to the amendment-the fact that there is no provision made by which the sheriff is disqualified Isn't it a fact that there is an exception made now in the law by which the Probate Judge cannot act as a supervisor when he Is interested, and that there is no such exception to the sheriff?
 Mir. Joncs-That is because the sher- if, as my memory has been refreshed, cannot be a candidate to succeed him= self. but the general provisions of all our laws is that when an officer is in