The Montgomery advertiser., 1901-08-13

if you impeach a Sherin at home, ne will surely have some advantage, be- cause he has something to do with the selection of the jurors. and he has more or less influence with the judge who tries him, notwithstanding he may be an impartial judge. It is very seri- ous question, though, whether we ought to bring the sheriff here to Montgom- cry, because it is long ways and 1t is expensive in these trials of impeach- ment, as every one knows who has had trial before the Supreme Court on that question. It costs money to bring his witnesses hera and to keep them here, but still the court can dispense with the witnesses by the appointment of a comm ssion if it sees proper. That Is what we do sometimes.
 Mr. Fitts-Don't you bring the Pro- bate Judge, who is a county officer, here to Montgomery to try him?
 Mir. Coleman-The judicial officers have always occupied in this State and in the public mind different position from ministerial or even executive off, cers, like the Sheriff. do not want to be understood as opposing this at all l simply want the question presented to the delegates of the Convention, and not to be misled by bringing up this question of sheriffs and authorizing them to be shot down, or discourse on mob violence. It is not before us and mas nothing to do with them at all. The question is, shall the sheriff be im- peached before the Supreme Court or before the Circuit Judge at home, as heretofore.
 Mir. Pillans-Is it not important in the discussion of that, in your judg- ment, that we should determine where that impeachment would be fairly and nrI law sustained?
 MT. Coleman-I think not, and think it has no bearing on it whatever that l can see. I think the question is shall the sheriff be impeached at home or IS It necessary for justice to be done that he be brought to Montgomery. I have not even intimated how I would vote, but l did not want the minds of the delegates to run off on something that wasn't before them. This Is bring ing up an issue not yet reached. but which will be reached in the further progress of this argument.
 MT. Pillans-Is 1t the Rentleman's conviction that an impeachment at home could ever be successful where you are impeaching him for submitting to mob violene.
 MT. Coleman-I think the gentleman IS expressing great want of confidence Tn the virtue and integrity of the peo- pie or this country. There are a class or cltizens who always favor mob law. but have never known of any county that dld not have virtue enough to up- nold the laws of the State, and I am surprised at the gentleman intimatine such thing here
 MT. Hood-As stated by the gentle man from Barbour (Mr. MerrilN inc committee was largely induced to re- port Section ? as it is for the reason that this Convention has heretofore made the sheriff impeachable bv tbe supreme Court of the State for certain oHences. In the consideration of this question, the Committee was especially impressed with the fact that the sheriff IS the most important county official. that he is the official that summons Jurors and brings them to court. and IL Is Tn his charge that they are while m attendance upon court Now. Mir PresIdent. and gentlemen of the Com ventfon, would a sheriff who should he lmpeached for neglect of duty or oth- erWlse likely be impeached by iurors whom ne had summoned, and who were Tn his charge during the session of court! This Is practical question that shoulo appeal to Us all as members of this Convention.
 MT. Burns-Will the eentIenoa, a,Iow
 
 question.
 Mr. Hoed-Certainly.
 MT. lBurrs-Would the sheriff have the selection of the jurors?
 MT. Hood-No. he does not have the selection of jurors now, but he does nave charge of the jurors. Somethina mas been said about incurring the iii VIII Of the sheriffs of the State. Ger tainlE the sheriffs would not object to in De lmpeeched by the highest tribunal of the State
 MT. Sanford (Pike)-I will ask the gentleman if he does not think that a snerln in the northeastern counties of lhe State where the salary or the per qulsltes amount 10 a little more than Sl'ooo year. would object to being im- peached, or to having a trial for lm- peachment before the Supreme Court. wnere hls witnesses and the cost of court would amount to as much as he got in the whole year
 MT. Hood-Yes sir and he would nh. Ject 10 trial for impeachment before any court. In the first place, there are few sherlHs In Northeast Alabama who get as small salary as $1, 900. In the next place. If it is good policy to impeach tne Probate Judge before the Supreme court It Is certainly good policy, 1t "Se"S to iLIe' to lInpeAcn an equally i'm portant official before the Supreme Court. The sheritf not only has tnarxe or the jures. and not only has charge Of the Court House, but he is a prom lhent election official as We all know
 M. Coleman (Greene)-Don't vou know that in all proceedings against the sheriff the coroner takes charge.
 MT. Hood-Ordinarily, yes.
 Mr. Coleman-Altogether
 MT. Heod-Yes, sir, but the sheriff is there and his friends are there, and he has his friends there.
 MT. ONeal HauderdaIe)-Isn't it A Iact that in the last ten years about one hundred persons have been taken rom the custody of sheriffs in Ala pana, and isn't it a further fact that III not a single instance has a sheriff been lmpeached under the law as it exists. MT Hood-I do not know of any sherir having been impeached. I do l not Know how many persons have been taken from the sheriffs, I know. how ever. great many have, and If one has ever been impeached or that reason I have never heard of it.
 | MT. Beddow-Is it not a act that since this Convention has been sitting here. three lives have been taken by mob violence in Alabama? | MT. Hood-I believe the newspaper | reports say so. So far as it is con- cerned. if there Is to be any question | about incurring the i'll will and dis pleasure of the sheriffs. I will under take to say we will have no objection