The Montgomery advertiser., 1901-08-14

an argument, and where the delegates l Of free people have been threatened 10 iIclte their fears isntead of appea allns | to their consciences. l know that that | appeal will not affect many or my hearers. believe so far as the aoop- ton of the Constiiuticn is concerned, that when our work tCre is dohe,s 1t | will be either overwhelmingly approved by 100000 majority, or ourled py an equally adverse vot". Too many great hopes, too much affecting :he veal and
 woe of those who are to come after us, are WI apped up in our work for any set of men to pull 1. oown. simply because
 they do not like it's effect on them. l hope that argument will be dismissed. It is said there Is something new in this proposition-that is unheafd or, MT President, it Is singular to me that gen. tiemeE so learned the history or our institutions and laws should permit themselves to make such statement. Ever since 1s19 there has been a pro- vision in our Constitution that the
 highest officer of this State, the man
 trusted with the pardoning power, the
 man trusted with legislative power in
 large share, the man wno can put ev-
 cry citizen of Alabama under arms, and
 who typifies in his person as near as
 one man can, the majesty and power
 and glory of the law, if he were dm-
 peached, should be suspended from of
 lice and another should discharge his
 duties until he was acquitted. That
 has been the law from 1919 to this hour.
 We have had for years upon our
 statute books, a law that when a so-
 licitor was indicted. ipso facto, he was
 suspended until the proceedings were
 terminated. We had for year upon cur
 4 a mi hnnks
 declared unconstitutional by the Su-
 preme Court, a law authorizing the Governor to suspend Tax Collectors and
 Tax Assessors. One reason, and l men
 tion 1t in answer to the question why
 this was not left to the Legislature, is that the Supreme Court declared that
 under the present Constitution, 1t was not within legislative competency to susrend Tax Collector or Tax As
 sessor, or authorize the Governor to do it. We did not wish that there should
 be any doubt as to that power. Now if the delegates will dismiss from their minds who 1t is that may be impeached. and leave it out of view the history of our institutions, in which this princi- pie is indebted. if they will put all of that aside, and look at is purely as matter of common sehse-business sense they will see that it Is nothing ex- traordinary that the sovereign people who can thus administer their govern .nent to suit themselves, think 1t wise and proper to entrust their head ser. want with the power, under certain cir cumstanees, to suspend others of. their servants. It Is done in every day life. There Is not man within the sound of my voice who could not go to his plant alton for year, who would put an overseer ther. in charge and tell him You shall not suspend any of my em- ployes, no matter what you think of their conduct, until they are convicted Of deing something wrong" There is not business enterprise in Alabama where the manager does not have the power absolutely to dismiss subordinate officials. It Is a law of order; it is a law of necessity. You have to have such rule, if you will ever get the best results.
 Mir. President, I am no enemy of the sheriffs. It has been my fortune to be with them often In the discharge of this disagreeable duty of protecting crim- inals, sometimes to cooperate with them, sometimes as their suberdinates, sometimes when 1 was chief and di- rector. have never found them, as rule. averse to doing their duty except where 1t grew out of false standard of duty and
 the idea that the Sheriff was the judge of the innocence or guilt of his prison CTS and not bound to uphold the Snaj-
 esty of the law if the prisoner was
 humble or vile or guilty. My fGiepd
 from Macon spoke of this proposition and l think his words were it was out
 rageous-applied to the proposition that the Sheriff could be called to ac-
 ccLnt before the Supreme Court of Ala
 'bama. Another gentleman has said that we mistru3t the people by insist ing on impeachment before the Supreme Court. So far as 1 am concerned, 1 do not hesitate to say that in some matters I do distrust the passions and
 prejudices and the weaknesses of To- calities. I am not willing as far as my vote or voice can influence to ap- prove the doctrine that a high official. like the Sheriff. is wronged because he Is not put on trial among his retainers and his friends There is not a man in Alabama, there is not man in this house. who does not know 1t would be
 worse than a farce to put Sheriff on trial ir a county where q mob
 reigned supreme and took a prisoner away from him, and arraign him before a jury in the community where that mob came from. We had an example in a neighboring county not long ago. A mob took three prisoners, not charged with rape, in broad daylight, iE Gods open sunlight and carried them off to lawless death. The Cir cult Judge made one of the strongest charges to the grand jury that was ever delivered from the bench. He said 'It is your duty to indiot. You have' called God to witness that you are go-
 ing to discharge your duty. These citisens have been murdered. There is Tom Williams who saw It. and there Is so and so who saw it. Now go out and find bill" From that day to this there has been silence. No bill has been returned. and the majesty Of the law is powerless and tranDled down. because 1t could not find voice and expression | In the locality where it was sought to be invoked .:.:.: :..:"
 Some years ago, when the Governor i, had no power to direct a Sheriff to be
 impeached, when a Governor of this State inquired of d Sheriff the circum- stances under which a man was taken | from jail and mobbed. the Sheriff an swered back in defiance and contempt, | that he was foolish. that it was none | of the business of the Governor of | Alabama whether man was hung or not. Take this county adjoining us | where. by common report, and also | from what 1 learned from officers who | Were there. the Shariff deliberately | miSled the armed power of the State | which was sent there to see to it ] that justice was meted out according |