The Montgomery advertiser., 1901-08-13

this Committee. On account of the pre- yious action of the Convention we gave it more than ordinary consideration, and yca,r Committee decided, MT. Pres lcen:, that the provision which has .,.l formally adopted by this Conven- ion Is undemocratic, and therefore think that the Convention ought to re- verse its actions, and that this ordi- nance should be adoped.
 Mir. O'Neal--May l ask the gentle man a question?
 Mir. Merrill-Not at present.
 M:. O'Neal--You will not answer a question then?
 Mir. Merrtll--I will answer the ques- ton directly.
 The President-The gentleman de- ciines to yield.
 MT. Merrill-Here we have, MT. President. an officer. one of the executive officers of the State of Alabama elected by the people of the county and put into this office of trust and importance, and to let another arm of the gove. nment, or another officer, the head of the Executive Department, suspend or take from him. even though it be for a day, an office that the people of the county have given to him, we consider undemocratic, and it was inn PAORSA SO PAk At tA thio SShotAsotAOh The people of the county select and the people of the county elect. the sheriff. It Is from them that he re- ceives this office, and we think that nobody-not even the Governor, the head of the Executive Department ought to be authorized to take the of- flee from him for any length of time. He ought to be placed in the same category as any other officer; that Is, he should have trial according to law. before the office Is taken from him for any length of time. Suppose he is sus- pended by the Governor the Governor being human, would naturally. like the balance of us. desire that his action be sustained. and he would virtually become in a measure a prosecutor for the purpose of seeing that the suspen- sion that he had ordered was determin. ed to be proper and right.
 Then, another thing, MT. President how long time Is he to be suspended? What is to become of his office. and the emolum cnts of the office. during the time that he is suspended. It may be but a short time. or it may be on ac- count of the laws delays long time and during that time, without trial this Constitution authorizes the taking away of the office that the people have gwen nm.
 Then another great maxim of the law is that the law throws around every man that is charged with an offense the presumption of innocence. That presumption ought to follow the sheriff as 1t does every other man that is charged with an offense, but if you al- low the Governor. as Is provided by the ordinance on the Executive De- partment. to suspend the sheriff, the presumption is reversed, and becomes a presumption of guilt before he is tried. and he is presumed to be guilty before the verdict of the court authorized by law to try him is rendered. Therefore, although 1t was a delicate matter. and although the Convention had acted upon 1t, otherwise, yet after due con- sideration. the committee thought that upon a reconsideration of this import ant matter the Convention would come to the same conclusion as this commit tee, and agree with the committee that the ordinance ought to be passed.
 The President-The question Is upon the passage of the ordinance.
 MT. ONeal-I call for an aye and no vote.
 MT. Duke-I call for a reading of the ordinance.
 The President-I has been twice read. and the Chair will decline to have 1t read a third time.
 Upon the call of the roll, the vote re-