The Montgomery advertiser., 1901-06-25

| office of Sheriff or that of any other office for four years after the expira- ton of his term. According to the ar- gument of the chairman of the com mittee. it has been so for many, many years" and for that reason-which this convention has adopted as good. that the Sheriff should not succeed himself. not be interfered with.
 MT. Jones (Montgomrey)-Will the gentleman permit an interruption?
 MT. Wilson-Certainly.
 MT. Jones-The Committee on Execu- tive Department only made the Sherin ineligible to succeed. himself-did not offer the amendment about which the gentlenaan is now speaking--personally. voted against 1t.
 MT. wilson, understand that. The purpose of moving to reconsider Is to offer an amendment placing the report az brought in by the Committee on Executive Department as 1t was, but merely said, if the gentleman's argu- ment would apply in one case it would apply to another and it should be left right where 1t came from. Now, Mir. President, have not found the Sheriffs with whom have a9sociated such hor- rible, terrible fellows that they were unfit for public trust for more than one term. I can see no reason in branding them any more than any other county officer, and If 1t be the fact. which do not concede. and which state now is not so, that they are the most powerful and influential county officers in the state,-then l would re- mind the gentlemen that insist on branding them, that they might as well go a little slow for fear they might encounter a little of this formidable opposition in adoption of the Consti- tuition. hope the Convention will re- consider this vote and the purpose Of asking this is to offer an amendment to place the provision back as reported by the Committee on Executive De- partment
 MT. deGraffenreid-I rise for the pur- pose of replying to the gentleman who has just preceded me. not so much for the purpose of requesting this Conven- tion not to reconsider this vote, be- cause I think that everything that is done in this Convention should be thor oughly considered and that no ill-ad- vised action in any matter should be had.
 MT. Watts-I rise to point of order
 The President-The gentleman will state the point of order.
 MT. Watts-If I understand the mo- tion of the gentleman from Washing ton, it Is to reconsider the vote by which a certain amendment was pass ed. Since then the section was passed. Can he reconsider the amendment without first reconsidering the vote ny which the section was adopted.
 Mir. deGraffenried-No sir.
 Mir. Watts-He said the section had been passed and he desired reconsidera- tion of the amendment rather than the vote by which the section was passed.
 The President-The Chair understood the motion to reconsider the whole sec ton. The Chair understood that the gentleman explained that his object in reconsider1ng the vote by which the section was adopted was for the pur- pose of offering an amendment Which would reinstate the section as original ly reported by the committee.
 MT. deGraffenreid. As was going on to say, I do not think that any ill ad- vised action should be had by this COIL vention in any matter. We arc adopt l, ing a Constitution which will curo tie :; powers of the Legislative DepAr ment, and for that reason we should be cale- } ful. but desire to say to this conVen- tion that we are not here now for the purpose of legislating in the interest of i. office holders, we are here to legIsiate in the interest of all of the people Ct the State of Ala bama. Gentlemen
 seem tO misconceive the purpose for which offices were created. They were not created by the people for the pur- pose of placing money in the DOCK of the individual, they were not created for the purpose of elevating one incl vidual above another, but they were created for the benefit of the people themselves. ....t-.a MT. Morrisette-Win the gentleman allow me to ask him a question. MT .deGraffenried-Yes sir.
 Mr, Morrisette-Were they created
 for the purpose of placing one gentle man below another?
 l MT. deGraffenred-No sir. and I will reply to that. Whenever you have it understood that any office is so limited, that the powers which are conferred upon the office holder cannot be pros- tituted to his own ends, but that they must be used in the interest of the peo-
 ple. you dignify that office. Whenever you place an office beyond the ambi- l ton of the mere office seeker you dig nifty that office, and you make the in cumbent of that office better office
 holder. Now, MT. President. l want to trace the history of this provision
 in the fundamental law of the State.
 In 1S19 when our ancestors met t1 adopt a constitution for the State, there was one office at which they struck, and that office was the office of the sheriff of the counties in the State. r They said in that constitution that no sheriff should be qualified to succeed ! himself, either as sheriff or as deputy for three years after the expiration of his term. In 1861 when the people again met in Convention for the pur- pose of changing their fundamental P laws, they provided that the sherln 5 should not be his own successor, and that he should not even have the privi- lese of holding a deputy's office. In . 1875 when they met again for the same purpose, they placed the provision in the constitution that he should nor De his own successor. and tor what : reason? Will the gentleman from Washington tell me why?
 MT. WilSon-Yes sir.
 MT. deGraffenried-Why?
 MT. Wilson-I was not living at that time. but I have been told by people
 because the sherffs handled the ad- ministration of estates !n Alabama, but there is no reason now, the cause being removed the prohibition ought to. be removed
 Mr. DeGranffenried--The convention knows it is a matter of history, that it was adopted for the purpose of talk ing from the sheriff the temptation that might exist to use the authority that was vested in him by the people for his own political advancement. Well gentlemen if that was the purpose. and we all know that it was the purpose Of the people, that purpose cannot be car