The Montgomery advertiser., 1901-08-13

charge against him by the Supreme Court. thought then that the effect of the adoption of that section would be very salutary in its character. be- lieved it would have a tendency to make the Sheriffs of the State more careful Tn the protection of the crim- irals tbat were lodged in their hands for safe custody. and 1t was on that account that voted for 1t. thought that perhaps a change in the tribunal by which the Sheriff was to be tried would have that effect; but since then I have reconsidcred the matter and come to the conclusion that there is no sufficient reason for changing the tribu- nal for the trial of a Sheriff more than there was before. I believe, in other words. MT. President, that the sheriff should be tried as Is provided by the old Constitution. by a tribunal of his county. He is county officer and should be tried in the same way that tax collector. tax assessor, a coun- ty treasurer. the clerk of the circuit court or a constable is tried, and so far as that is concerned, I would fa- vor an amendment to the Constitution which provided for the trial of the probate judges by the courts of the county. Why do I say that, MT. Pres ident? It Is because of the fact that 1t provides for home tribunal for the trial of county officers; it is because of the fact that I believe a probate judge should be tried by his county tribunal simply for the reason that he is a county officer, and because whatever sins he may commit, neglect or duty or anything of that kind, malfeasance in office. or any offense involving mor- al turpitude, is most likely to occur in the county where he holds his office. Other defendants tried for criminal of- lenses are tried in the county where the offense is committed. Why should not the sheriff and probate judge be tried In the same way. Especially. MT. President and gentlemen of the Con- vention am I opposed to that part of the section which we adopted here in the adoption of the Article on Execu- tive Department, providing for the sus- pension of the sheriff pending his trial. That section provided that the gover- nor of the State, after hearing the sheriff could suspend him. In other words. it provided for the Governor having a preliminary trial of the sher- if. After hearing the sheriff, he had the right, under that law which we adopted. to suspend him. Now the Governor is an executive officer. He is at the head of a coordinate depart ment of the State government. and for him to have the authority to suspend the sheriff. the other coordinate de- partment of the government, the Su- preme Court would be largely persuad- ed to sustain the Governor In his act of suspension. Because of these facts and because I think it would work an injustice upon a class of officers who are necessarily very important in the administration of the laws of our State I have favored that part of the minority report
 MT. Pillans-WiH the gentleman at- low me to ask him a question?
 MT. Smith-Yes. sir.
 MT. Pillans-Does the gentleman mean to intimate that he has a great CT distrust of the fairness of the Su- preme Court as a fit tribunal to try the sheriff than of a jury of the county in which the breach of the law has taken place and a man been mur- dered by a mob?
 MT Smith-Not by any means. do not wish to intimate any such thing, and do not see by any fair inference, how the gentleman has seen proper to ask such a question. I am uncon- scious that I said anything that could be taken to indicate that I had any idea that the Supreme Court would be unjust any more than any other trt- bunal in the land. On the contrary this Is my proposition
 MT. Pillans-Did not the Convention understand the gentleman to argue but a moment ago, that as the Supreme Court was a coordinate branch Of the government of which the Governor was the executive head, as the Governor acted in the suspension after prelim- mary trial. that that would bias the Supreme Court or control it's action In some way?
 MT. Mac A. Smith-1 did not intend if to have that meaning but I say this: That the two coordinate depart ments of the government, the execu- tive and the Supreme Court necessa- rily have a sympathy existing between them as they ought to have, and the action of one would be largely persua- sive of the action of the other.
 MT. Pillans-Does the gentleman sup nose that there would be less sympa- thy for the sheriff. and less sympa- thetic interference with the due course and progress of justice in the county in which public murder had been done. and the prisoner taken from the sner- ifs hands. in the lower court, than would DC III tue ouPio'A
 bama.
 Mir. Mac A. smith-f do not know that I exactly understand the gentle mans proposition.
 MT, PilIans-The proposition IS thls' The gentleman suggests that there would be a bias probably on the part of the Supreme Court affecting the Su- preme Court because of its respect for the judgment of the Governor. as ] understand.
 MT. Mac A. Smith-Yes, sir.
 MT. Pillans-I ask further whether the gentleman means to intimate that the course of justice. of abstract jus +ice looking to the correct solution ana correct decision of the issue in the inn peachment proceedings, would be more polluted by passing through the trlou- nal of the Supreme Court than pass ing through the court in the county in which public murder had been done by a mob?
 MT Mac A Smith-I do not mean by any means that the action Of the GoN- ernor would be conclusive upon the Supreme Court, but I can see no ne' | cessity for there being a preliminary trial of the sheriff by the Governor II | amounts to nothing more than pre- lininarv trial After hearing the shcr' if it provides for the Governor to sus-
 nond the sheriff from office pending his
 trial bv the Supreme Court. Tn conn
 pIiance with my promise to the gen. tleman from Barbour, I renew his mo 1 ton for the previous question. MT. Merrill-It was to lay on the Ia bIe
 Mir. Mac A. smith, will allow the l I.Ny