The Montgomery advertiser., 1901-08-15

duties of his office? 1t Is only done upon a complaint and a charge that he has failed in his duty. Let us see You say it Is a complaint upon a mere suggestion. or mere opinion of the Gov ernor Let us look at the facts. Dc not get away from them. The ordi- nance provides And the Governor when satisfied after hearing the Sher- l iff''-he has a hearing before the Gov ernor; he has the right to be heard in his own explanation of what took place in defence of his conduct. Mfr. ONeal Iauderdale)-And in- troduce witnesses.
 Mir Dent-He can bring in any tes- timony he pieases, that the Governor is willing to hear. and do not believe the people of Alabama have ever, or will in the future, elect a man for that high office who will not be impartlia and who will not do justice to a fellow of- flee holder. We are toe suspicious, 1t seems to me in that regard. The Sher- in has right to be heard and when heard, If upon his own showing. and after his own showing. the Governor feels that he has been derelict in his duty. he has a right to suspend him from office and let charges be preferred.
 
 ters about this and all that kind of thing can be regulated by the Legisla- ture. They ought not to be placed in a Constitution of a State. But I come back. Let us look at what has taken place in Alabama.
 It Is common history. Didn't the Gov ernor or Alabama telegraph a Sherifl Of county in this State to know the circumstances under which a prisoner was mobbed. and what was the reply? Tt is none of your business. What could the Governor do? What power had he? I am told upon authority which is to be relied upon. that, in a county of this State, where the Gov ernor was actually present when a prisoner was in the custody of the Sheriff. and when there were threats to mob him. the Governor went to the Sheriff and told him he would tender him the services of the military to pro- tect his prisoner. and he declined to ask for them. What could the Cover nor do? And in that very instance the Governor took the responsibility of ord ering the military to that point. and the sheriff and his friends and the friends of the mob were on their guard and were notified that the military would arrive. and the mob, led by the son of the Sheriff. went into the jail and executed the prisoner.
 MT Burns-I understood you to say moment ago that a certain SheriH replied to the Governor. Tt is none of your business" Is that a fact?
 MT. Dent-It was so published and never denied.
 Mir. Burns-I read all the papers about that time. and didn't see it.
 Mr. nonf-That ts al a tlemen can examine and discuss for themselves. I say that the Governor ought to have some power in this mat ter when he is charged with the duty of executing the law. l do not believe this goes too far. I believe this Con- vention ought to express itself upon this question and check the tendency. WheSc is 1t going? What is the tendency? Parties have been executed for crimes very different from that referred to by the distinguished gentlemen who pre- ceded me. and the tendency is that way and there ought to be some expression of opinion by this Convention that will have tendency to pepress it.
 Certainly there would be no delay In the trial of Sheriff. When he is i'm peached and proceedings instituted. 1t is a preferred case. and 1t is the duty  It Is a preferred case above all others. It takes precedence of all others, and under the ordinary rules, unless the man himself delays 1t. there should be no delay in this trial. The Convention has had this question before 1t twice. They have sustained this report. and I move to lay the motion for the reconsidera- tion of this report upon the table.
 MT Long (Walker)-And upon that I call for the ayes and noes.
 The Secretary proceeded to call the roll.
 MT Long-I rise to a point of order The Convention has slready refused to lay 1t on the table by 9 direct vote. and it seems to me that any motion of that kind would be out of order.
 The President-The point Is made after the roll call has commenced. and Is too late.
 TTnon a call of the roll. the vote re- suited as follows: