The Montgomery advertiser., 1901-07-07

as the mos tundaunted and with the
 power placed in his hand by this | amendment, do not believe any one
 man or any set of men or any power | ar influence under the sun could deter him from doing his duty under the
 law. And say no man has right to | sit upon a bench unless he has the physical courage to resist all improper influences. think we have such Judges now. but if we have not. we will have them.
 I have talked with delegates on this
 floor and they have mentioned many cases in their county where the grand juries have failed to do their duty. We cannot calculate the deterrent in- fiuence on crime that this will have when you say fo everyone. be they never so high, 1t matters not how
 great Is your influence. or how much money or how much political influence you have. If you commit felony of any kind you have to come up and face a petit jury and he tried for 1t. :" That will serve to create sentiment
 of respect for the majesty and great
 ness of the law and serve to put the
 law in thathigh place 1t ought to occu-
 py in the minds of the people. But -
 other felonies committed in the light of day and the men committing them
 walk around unwhipped of justice,
 with no indictment. the feelin@ is fos- tered that they can do anything like
 wise. There is net a white man who
 lives in the Black Belt that does not
 feel that he can kill negro and come
 clear. That is the condition of things
 that should be changed and we can
 change 1t if we will and I say 1t is
 our duty to make every man come
 strictly under the law
 MT. Bareneld-Are there not more in-
 diotments than convictions?
 MT. Jenlxins-Yes. and if there were
 more indictments there would be still
 more convictions and less crime in Al
 abama. And because that a certain twelve men have failed to do their du- ty or because the State happens to have a weakling in the place of so- licitor or because<of some technicality of some judicial procedure. some gull ty man has been let 90 scott free Is
 no reason to continue such procedure and make 1t unchangeable and iron Sound, as 1t were. So when the whole nixShinery of justice falls and breaks to pieces and waen the public con- science is outraaAd and justice stands degraded, lS< tNsre be a place some where to wNSSh the outraged citizen can go any say T want justice" know q man living in South Alabama
 whose boy was shot in the back as he eat talking to his family at their fireside. The grand jury failed to in- dict the assassin and this man moved away. asked him about 1t and he said did not get justice. I felt like a EfnO Gbpf ana if tt had not been for my wife and children I would have done 1t. Gentlemen. there are others who feel like taking personal vengeance because grand 5uries failed to do what ought to have been done. expect I have consumed my time but I have often thought about this thing and prepared bill for the Leg
 islature along these very lines and found when I examined the Constitu- ton that that wouldn't do because the Constitution has this plain provision that every felony should be proceeded against by indictment. As Governor Oates said this does not force the Judge to do 1t. he is simply allowed to do 1t. and I believe he will do 1t where the necessity exists.
 Mir Duke-I offer an amendment.
 The amendment was read as follows: Amend amendment by inserting imme- diately after the word felony the words which may be punished capi- tally"
 MT. Oates--So far as am concerned, the amendment is acceptable to me.
 MT. puke-I am opposed to giving the judge the power of a grand jury in all these felonies. I think the ob3sct in- tended by the gentleman from Mont gomery will be reached by making it apply only to felonies that may be pun isEed capitally.
 MT. Pettus-The amendment offered by the gentleman from Montgomery, as amended by the gentleman from Chambers, seeks to remedy a recogniz- ed evil which has been eloquently DOT trayed by the distinguished gentleman from Montgomery; but l do not believe that the remedy that Is proposed will be adequate. It has been said here in debate upon the floor that influence reaches a grand jury and may prevent 1t from discharging its duty to the State and to the people. l agree with what the distinguished delegate from Mont gomery has said about high and ex- alted judiciary, but we are forced to admit that judges are human beings, and that they are as liable to be reach ed by public opinion and by influence, and perhaps as much so as the twelve or eighteen men composing the grand jury. It seems to me this Is a very radical departure from well established principles of law that a judge who is to be the trial judge in a case shalll set in motion the machinery of the law for prosecution of offenses of this char aoter. It seems to me that Is very unwise departure from long established principles of law.
 Another result from the adoption of this amendment would be that you take from the grand jury the responsi- bility which rests upon them to dis charge their duty to the State if you divide the responsibility, the whole of which now rests upon theAr shoulders.
 MT. Fitts-Speaking of the long es- abolished use of the grand jury. I ask if the prophet of old did not make this Seek out and find the | old ways and walk therein and ye shall | find rest for your souls?"
 MT. Pettus-I take 1t for granted that | the question carries its own answer. | The very fact that this amendment | seeks to divide the responsibility that 1, rests upon the shoulders of the grand jury will have tendency to make that body more lax in the discharge of its duty than 1t now is If the grand jury | has any doubt about whether public opinion will uphold the finding of an |