The Montgomery advertiser., 1901-06-23
!. Fitts-Your deniais arc very


 or not the Governor of Aiabsma shah escharged in this consultation with seeing that the laws of this State are faithfully executed, and we have already by an article which has been i passed upon by this convention deciar- edzthat it shall be the duty of the Governor to- see that the laws of the State are executed. The Governor Is an Executive officer. # Each shefin is throughs the sheriff tinat the Governor cap see that the laws are faithfully executed in each county because the sheriff represents the Executive In the county where he is elected and where he perform his duties. As we have charged the Governor in the Constitu- ton with seeing that the laws are faithfully executed. wouldtseem that 1t would be proper also in this. very same Constitution to have a asprovision whereby be may have some authority to act, and whereby he can, require his Executive officer in each county topper form his duty and to faithfully execute 7 the law. It Is a matter of history that in one of the, recent administrations in this State. a Governor called upon q sheriff in county that adjoins the county of Montgomery demanding that he see to 1t that prisoner was pro- .ectedt and the Governor received q <, reply informing him that so far as the Governor was concerned he was help less. While the Constitution requires the Governor to see that the laws are faithfully executed he was politely in- formed by the sherin that he had no power. I believe the Sheriff replied to him you cannot inforce it, 1t Is none of your business" There Is a section providins for the impeachment of the probate judge. He is & county officer elected by the people just as the sheriff is. The probate judge is answerable only to the people of his county and yet under constitutional proyisiop v"tch has heer the fundamental law of 4he State at least since 1875 every .JData Juage h4S becn liable to fni:s , peachmeht at the hands, not Of the people of the county who elected hifis but of the Supreme Court of the State of Alabama. .N Fno sn'
 MT. samford-4Beca he is bart of the judiciary system fasseus Mir. deGraffenried--Ands sthe Sherfn IS part of the executive branch and the same reason would apply to one that would apply to, the other. The same reason underlies the dnustitutfonaa pro- vision in the Constitution of 1875 that would underlie the present provision if this, should ripen into a constitutional enactment. Why, MT. President, the people of county are not the only people who are interested in the acts of the Sheriff of that county. They are not the only people who are in- terested in the proper execution of the laws of the county. It was only re- gently that the Governor of the State was, called upon-I know nothing of the merits of the case--to. pass. upon the question as to,.whether in an. ad- joining county there had been. 8. fac grant violation of law by officers of that county and my recollection is, that he came to the rescue of persons who had been convicted by the exercise of executive clemency because they had been improperly convicted by the law officers of the county. We have, as I have said, a constitutional requirement. that the Governor of the State should see that the law is faithfully executed. We should not leave 1t to the legisia- ture, but should fix in the Fundamental law a provision by which he will be able to see to 1t that tftts constitutional declaration is not an idle set of words. but that Ae fnSaiis s6niething. That 1t means that afi6 shall have the power that can be enforced. not through leg islative enactment, but through the fundamental law Of the State,
 Mir. Jenkins-AI remember the ipci- dent to which the gentleman has. ai- luded. It happened in Lowpdes Coun- ty. did 1t not?
 MT. deGraffenreid--Yes sir.
 MT Jenkins-I remember the reply the Sheriff te1Sgfaphed back: The import of the telegram. to the Sheriff was that hehought to have placed him self in front of the mob and shot them down to save the life of a man t was impossible ! for him to save. The Sheriff 'telegraphed back to the. Gov ernor. or made the statement. Y be- .lieve in protecting the life, liberty and property of the citizen. have tried to do my duty. think the mob has done wrong, but do not propose to be shot down In the face of a mob to save the life of man in my care when know I cannot do it." He used these remarkable words, 'I am not fashioned after that heroic rnold.''' You will find there is not to- day a SheriR in Alabama, if there is he Is a remarkable one. that is fashioned in that heroic mould. It Is not human nature. And vet we pro- pose to come here and by constitu- tfonal law say, 1t matters not what the position Is. it matters not how many bayonets or guns stare you in the face, you must walk out there and Iraw your pistol and say the first man who advances Is dead man and then be shot down in your tracks l tell yoA all, there are some crimes so black, and heinous. that have been committed in this country of men. of which I am a representative on this floor, that there is no man who could stem the tide of indignation of wrath that has been aroused in the hearts of of the people. 's'47i5"9$ z
 MT. Fitts--May inquire, would Effis section touch those conditions ?oASRtiffd that be cowardice or .connivance7 '1F'
 MT. JenkIns-But you leave 1t to the Governor to say what 1t is, and upon his opinion that sheriff is deprived of office and not given the presumption of innocence. Be he the lowest fin the land. is entitled to a trial by jury.
 MT. Pillans-EXcept the victim that is taken from the Sheriff?
 Mr. Jenkins-There is no man in this Convention more opposed to mob lsw than I am but lay down this as a deliberate proposftions that there is no law or constitutional enactment that this convention or any legislature can mass that. VIII dos atRNpi with 1t under the present. TeoIidftioFs: There is but one way and only one, and that Is. you must educate and reform the moral sense and sentiment of the people. Un- iii that comes about your laws are as empty as the paper upon which they are written. You must build up a public sentiment in the minds of our people that every man is entitled to a trial, and when he goes to trial he must receive justice and not be allow ed to escape the galloWs by the tech- ,,icaIities of the law and the fine web