The Birmingham age-herald., 1904-10-06
IMPEACHMENT OF
 SHERIFF ORDERED Rodgers Must Go Before the
 Supreme Court IS CHARGED WITH NEGLECT Under New Constitution Impeachment Proceedings Against sheriffs Must
 Be Brought Before That
 Tribunal.

Montgomery, October 5.-(special)-Act- Ing Governor Cunningham this afternoon instructed Attorney General Wilson to proceed at once to impeach before the supreme court Sheriff A. D. Rodgers of Madison county, charged with neglect of duty in allowing a mob to hang negro, Henry Naples, on the night of Septem- Der ', besides setting the jail on fire The impeachment of Sheriff Rodgers was recommended by the special grand jury empanneled just after the lynching to in- vestigate the riot, and which did return twenty-slx> indictments against men said to have taken part in the unlawful pro- ceedings.
 Under the old constitution sheriffs were impeached before the circuit or city courts, but the new constitution provided for the work to be done by the supreme court. The old provision was put into execution by statutory provision; the new constitution was to be so applied but the legislature failed to provide any statutes, and the plan of procedure is clouded. The attorney general will file the information put into his hands however, with the su- preme court, appearing before one of the Justices as the court Is in vacation now. and 1t Is presumed this justice will or der notification to the accused and set a day when he shall appear and answer.
 In a condition very much similar. Chief Justice Stone ruled that there was neces- sity to have statutes to put the consti- tuition into effect but it is hoped that ol aAo cfr nnipiOp was rendered will be utilized in legal way.
 Supreme Court.
 The supreme courts special term called on September 29 to pass on the validity of the Lusk judiciary act adjourned to- day after handing down the following de- cisions on rehearings:
 Per Curiam: Byrd c. Willis, ct all vs. Kate Rice, ct al appeal from Mobile chancery court. application for rehearing overruled.
 L. M. Lynn vs. J. P. Bean, appeal from Morgan circuit court, application for re- hearing overruled,
 Brenard Manufacturing company vs Citronelle Mercantile company, appeal from Mobile circuit court, application for rehearing overruled.
 Western Union Telegraph company vs Robert H. Bowman, appeal from Mobile city court application for rehearing over ruled.
 Louisville & Nashville R. R. Co.,, vs. Elizabeth Smith, appeal from Limestone circuit court, application for rehearing over-ruled.
 H. F. DeBardeeben vs Bessemer Land x Improvement Co.,, appeal from Jeffer- son chancery court. application for re- hearing overruled.
 The court will write a decision on the Lusk bill at it's leisure.
 Speake in Montgomery.
 Judge D. w. Speake of the Ninth cir cult was in the office of the governor today. Madison and Limestone counties. the two out of his territory by reason of the Lusk bill. and now back because of the failure of that bill to stand the test of the courts. have ratified his nomna- ton for reelection as judge, with D. c. Almon as solicitor
 It has been decided by Judge Scott Sayre that he will not hold another ses- sion of the circuit co Tt of the Fifteenth circuit until the validity of the act es- tablishing the court is passed upon by the supreme court, which it will do in Novem- har