The Birmingham age-herald., 1904-11-26
CANNOT IMPEACH
 SHERIFF RODGERS Supreme Court Passes on the
 Case IS AN INTERESTING CASE kendriok Case Seeks to Bring Out That Accusation Is in contraven. ton to State and National
 Constitutions.
IS AN INTERESTING CASE

mOnLROInGI1. AONGlllbtI eJs AopHCldll.- The supreme court decided today that there exists no law by which a sheriff of any county of the state of Alabama can be impeached. The decision was in cluded in the following order made in the proceedings against Sherlffs A. D. weeks ago: Motion of the respondent to quash the information and to strike tb same from he files, granted This dis poses of the effort made by the governor on the recommendation of the Mae. county grand jury, to have the gentle men named above put out of office be- cause of alleged failure to protect the jail from a mob which secured the per- son and took the life of Horace Maples a negro, charged with the murder of an old peddler
 This history of this case is one of the most interesting in the criminal an nals of the state. Early in the month of September last, Horace Naples, a ne- gro of bad character, waylaid and mur- dered an old and harmless peddler in Madison county, for which he was ar- rested and placed in jail at Huntsville. During the night of September [, mob gathered and in spite of all that could be done, took the negro out and hanged him.
 To get at him the jail was set on fire and badly damaged and the lives of sev- eral prisoners put in jeapordy. Soldiers were called out to defend the prison and a detail of other soldiers sent to Hunts vile from Birmingham to help in this duty. The Huntsville company failed to keep the peace and the negro was dead when the Birmingham contingent arrived.
 Special Term of Court.
 Hon. Paul Speake, judge of the then Sixteenth circuit, since outlawed by the supreme court, and Solicitor Erie Pettus at once convened a special session of the court to investigate the lyrching and the failure of the officers to protect the life of the negro and uphold the law A grand jury was also summoned and at the sug- gestion of the judge, who wanted to be sure that all the orders of the court were carried out, the governor ordered a detail of soldiers to Huntsville to uphold the law. Several indictments were found, and the grand jury also recommended the im- peachment of Sheriff Rodgers and the chief of police with the officers of the local military company.
 The governor called g court of inquiry to investigate the conduct of the military, which recommended that the Huntsville company be tered out for inefficiency, which hss since done
 About the anne time he instructed the attorney-general to proceed with the im- peachment of the sheriff.
 information Filed.
 Sever weeks ago, while the supreme court was in recesa, the attorney general filed the information in the case with the chief justice, and when the winter term of court was convened the day of hearing, which happened to be Thanks giving by the way. The line of defense was evident from the beginning. The new constitution had made a law plac- ing impeachments of sheriffs In the su- preme court, but the legislature had not provided the machinery, the details of which failure have been explained in these columns frequently. Attorney-gen- eral Wilson was confident from the be- ginning that he had no case. Practically the same points were decided by Justice Stone relative to the constitution of 1875, with much better showing for the state than is in this cause presented. The ruling of the whole court today bears out his fears and the contention of the attorneys for Mr. Rogers. This settles 1t; no more proceedings can be brought against him on impeachment grounds.
 Pleasant Mention.
 A little pleasantness came up in the hearing of the motion to quash on yester- day. Arguing for Sheriff Rodgers were Hon. R. E. Spraggins and Judge R. w. Walker of Huntsville, both of whom had been members of the legislature that had not only failed so signally in this instance but In number of others to make proper provision to carry out the laws of the con stitution. Sitting in the supreme court division to hear the arguments was Jus tice R. T. Simpson, representative from Lauderdale in the same recalcitrant body of lawmakers MT. Spraggins said he was sure he would not be accused of unduly referring to such failures in the face of the fact that so many Of those inter- ested in the litigation had contributed to the situation.
 Labor Agent Law.
 In the case of Steve Kendrlck vs. the state of Alabama, from the county court of Elmore county, the law taxing eacf labor or immigration agent $500 for eacf county he operates in Is attacked on tho accusation that it is contravention to thu constitutions of the state and the na tion.
 The law, which was approved octo