The Montgomery advertiser., 1901-06-16

If you say moral turpitude or crimif
 MT. Fitts-we have no objection. x MT. Jones (Montgomery)-We will ac- cept that.
 MT. Long (Butier)--I will accept it with moral turpitude."
 Mir. Lomax-But the gentleman from Butler attaches a condition to his &C., ceptance of the substitute The President-He withdrew his con- dition.
 MT. waIker-I offer that as substi- tute- or amendment to the amendment.
 MT. Lomax-The substitute is entire ly agreeable to the Committee.
 MT. Long Butler)-I do not want to delay the Convention. All want to do is to get the plain English what we want in the Constitution, and I will withdraw that criminal offense," If they want to call it moral turpitude.
 The President-The gentleman from Butler accepts the suggestion of the gentleman from Madison. and the Con- mittee accepts the amendment.
 Upon a vote the amendment was adopted.
 MT. Merrill have an amendment.
 The amendment was read as follows: Amend section 1z by inserting after the word interest" in the ninth line, the following: in cases demanding prompt action. the Governor may grant re- prieves, paroles. communications of sen- tence and pardons. without delay and without consultation with the other members of the Board of Pardons.
 MT. Jones (Montgomery)--It think my friend misconceives when he puts "re- prieves'' in there. as the article don't restrict the Governor at all about re- prieves, because reprieves have to be acted on at once. It is pardons, comT mutations and paroles. do not think he ought to be hampered but on the question of a reprieve, that can't hurt anything except not hanging man for few days.
 MT. Merrill-As I understand the section, as it now stands, the Governor has no power to act without consulta-' tion with the Boar dof Pardons until after the expiration of sixty days.
 MT. Samford-That does not refer to reprieves.
 MT. Jones (Montgomery)-If my friend will allow me, see he wants to help us out in the article; that only applies to pardons, communications and paroles, but it does not to reprieves at all He don't go before the Board on reprieves at all.
 Mir. Fitts-will the gentleman from Barbour withdraw it?
 MT. Merrill-I withdraw 1t.
 MT. Pettus-I have an, amendment.
 The amendment was read: Amend by striking out the words Attorney General" in the third line of said sec ton. and inserting in lieu thereof the word Treasurer"
 MT. O'Neal Gauderdale)-I move to lay the amendment on the table.
 MT. Pettus-I would like to ask the gentleman from Lauderdale to with draw his motion, in order that l may state my reasons in one sentence.
 MT. O'Neal Nauderdale)-I withdraw for that purpose.
 MT. Pettus-I understand that the Attorney General sometimes appears as the prosecuting officer of the State, ana I do not think that the prosecuting off ficer ought to sit as a member of the Board of Pardons to consider applica- tions that may be made A'
 MT. O'NeaI Gauderdale)-He appears in the lower courts?
 MT. Pettus-No, not in the lower courts. For that reason offer the amendment to substitute the TreasuE- ar and let him sit with the Auditor on the Board of Pardons instead or the Attorney General.
 MT. Jones (Montgomery)-The com mittee carefully considered all that. The Attorney-General, as a rule, never anpears in the lower courts, but he does appear in the Supreme Court, ano' therefore, he is generally conVersans with the cases of moment, as they gen. orally go to the Supreme Court ano' therefore, with the bulk or the caSSs that will come before the Board. He' is an officer learned in the law, ana one to whom Governors always resort for information. 1 doubt if there Is serious case in which the Governor mas acted in twenty-five years in Alabama that he has not first called on the So- licitor, and asked, what do you tnlnk Give us the peoples side. And the op- feet of the committee in putting the Attorney General there was not only because he was learned in the law, but that there would be somebody on thRt Board who would probably represent, if he learned at all, the side or tne State, Now, it is the hardest matter ih the world when a man is to be nungs and his people come up before 6oarof or a Governor asking a pardon or communication of his sentence, to nave anybody to come there and say nahs this man, don't extend any clemency' People don't like to do that. They say let the Governor or the Board tussel T out. and our object in having the Ar torney-General in there was not F make a blood thirsty Board, but to have some one man who, above all otn- CTS. if he leaned any way. would lean towards looking after the rights or the State. I am satisfied that if my friend had been on the committee when theI discussion was had, he would not insist on putting the Treasurer in there ln- stead of the Attorney General. Now, 1t were solicitor who prosecuted tnN case in the courts below, and, there" fore. no matter how conscientious hs was might probably have imbibed some nersonal feeling, the objection might be tenable, but it seems to the committees that the Attorney ey-General IS HUcn better man than the Treasurer.
 MT. Pettus-I would like to ask the gentleman from Montgomery Ques- tion.
 MT. Jones-Certainly.
 MT. Pettus-The authority or thS' Board is merely advisory?
 MT. Jones (Montgomery)-1es' en- tirely.
 MT. Pettus-It seems to me that the dignity of the State would be sustained by the Governor, who would nave to pass on the recommendation or tne Board, and that the Governor could sur flciently represent the interests or the State in that matter, and the reason object to the Attorney General being member of the Board, is because, as the gentleman fr5m. Montgomery has stated. he would lean towards the State. I think the Board that sits up- on applications for pardons' should oe impartial. and should not lean one way or the other, and l, therefore, move +ha adontion of the amendment.