The Montgomery advertiser., 1901-08-14

provided for by the Constitution, and would be just if provided for by legis- lative enactment?
 Mir. Cobb-I assert that proposition,
 Mir. Pillans--You assert that 1t would be quite just to suspend pending trial if by act of the legislature. and quite unjust If it be by the act of this as- sembly?
 Mir. Cobb-I say so, but the word Just" used in that connection is hard ly the proper word to Use. In the ab- strsct 1t would not be unjust to do any thing this Convention sees proper to do. but I say it Is wrenching the off, flee of sheriff from its proper connec- ton. putting 1t as an exception here by the constitutional provision in the fundamental law of the land. That Is what I assert I want to say this so that I may not be misunderstood, that l dissent in toto. I will say. in that particular, from my friend from Wal ker. believe the sheriff ought to pro- | tect every prisoner to the extent of his authority. I do not believe in mob law for one offense more than another. l
 believe that around every jail in this | State should be drawn the circle of the law and that that circle should he more potent in its influence to pro- tect than ever was Richelieu's circle of the Church. That is my position. and that no man has . right to put his unhallowed foot fer violence within l that charmed circle which the law draws around every jail. As said on | a former occasion. and I repeat it. that | the walls of the jail. be they weak as gossamer, should be as adamant | against unholy and unlawful entrance from without. but while that Is my conviction. I do not believe that the officers should be held to this extraor- dinary responsibility. My belief Is that within the State of Alabama there are no more faithful officers than the sheriffs of the various counties of the State. and I say this from long of- ficial acquaintance with them. I know them as we'll as any man upon this floor. and no officer as general rule more promptly obeys the process Of the courts. know they try to protect their prisoners in all cases-perhaps not as efficientiy as they might some times but that Is no reason that they should be dragged before the Chief Elk ecutive on an ex parte showing, ana suspended from office during the time a judicial investigation is pending against them. Let us be fair to these oficers, and not be swept from our feet because d portected as he ot ght to have done, psrbnrs, a prisoner in his custody. Let us deal fairly with them as men and offacerr who are true to the trusts com mitted to them. They have a right in tteir of5ce-not a Iroperty, right, 1t IS true. but a right of which they should not be deprived except upon a fair hearing. when they can meet the charges against them. What Is the effect of the Section here? It is strong ly stated by my friend from Walker. It Is d Judgment to some extent. Of guilt without a hearing. Now let this ordinance stand. Let the Supreme Court try it. I shall not complain about that part of 1t, but let us treat these men like every other officer of the State, and not condemn them until an Investigation has beer had, until he can be heard-do not let us denounce him in advance. In the case to which my friend refers. Tn case of the lm- peaohment of the Governor his re- moval from office, death, refusal to qualify. resignation. absence from the State, or other disability. the President CT and authority appertaining to the office of Governor until the time ap- pointed for the election of the Gov ernor shall arrive. or until the Governor who Is absent or impeached shall re- turn or be acquitted or other disability be removed" Perhaps it is well that exception has been made against the highest official in the State of Alabama. There is none here with reference to a purely ministerial ofacer, there Is noth- ing here with regard to those who ex- ercise Judicial functions. It has no place in the Constitution, and further the Governor would be triable before the Senate as a court of impeachment. It has been suggested, suppose he Is suspended from office before a hearing, and there is perhaps a delay of one or two years. and while he Is out of office. his compensation ceases. That de- cision of the Supreme Court says that a sheriff and every other officer has an interest in the perquisites of his of- flee. do not like this idea of consid- ering and reconsidering and all that. But l regard this as a matter of ex- treme importance, and say you should not select this class of men for a pe- culiar denunciation.
 Mir. Jones (Montgomery)-I make a motion now to reconsider the vote by which two terms were given to the sheriff. I voted for that.
 Mir. Eyster took the Chair.
 Mir. Knox-I move that consideration VI OC poStpOHCu uHLiI the consideration of the present motion.
 The President pro tem-The motion Is to postpone until after the considera- tion of the present matter.
 A vote being taken, the motion to postpone was carried.
 The President resumed the Chair.
 MT. Wilson (Clark)-I move that the privileges of the floor be extended to the Hon. J. D. Poole, Representative from Lowndes County.
 A vote being taken, the motion was carried
 The President-The gentleman from Montgomery tMr. Jones) will be recog- nized at the afternoon session.
 Thereupon the Convention adjourned.
 AFTERNOON SESSION.
 The Convention met pursuant to ad- journment there being Ill delegates present Upon the call of the roll.
 The President-The gentleman from Montgomery was recognized this morn ing to discuss the question we had un- der consideration when the Convention adjourned.
 MT. Jcnes (Montgomery)-Noth but an imperative sense of duty would induce me to appear before the Con- vention at this time Relieving that great consequences are to follow the fate of this ordinance, I ask the Con- Vention to pardon me for a few mo- ments, while I discuss the principles that enter into 1t.
 MT. Williams (Marengo)-Mr. Pres I ha