The Birmingham age-herald., 1904-09-03
CASE HAS CAUSED MUCH CONFUSION John Gator of Perry County
 Not Reprleved STATE COMMITTEE CALLED Peculiar situation Arises In Calhoun county-office Is Vacant and Gov
 ernor Has No Power
 to Act.
STATE COMMITTEE CALLED

A confusing report, to the effect that John Gator, sentenced to b. hanged Sep tember for the killing of negro in Perry county, had been reprieved has been sent out from marion When his attention was called to the story this morning, Private Secretary to the Cover nor J. Kirk Jackson replie,. that there had been no reprieve, neither had the matter been submitted to the governor at all. It was then learned that the case had been submitted to the Supreme court on application for rehearing' and that Chief Justice Mcclellan, acting for the court, had ordered the recall of the cer- tihcate of affirmation on August 27.
 At the time of the killing feeling ran hioh in Perry county, and there was talk Of lynching Gator. Aie had had some trouble with MT John Hardie, near Uniontown. and tried to shoot him. He fired wild and the bullet went through a partition and ---. a negro on the other side. producing death. Tner- were many who were anxious to lynch the negro at once, but the law-ablding citizens said r and pledged themselves to do what they could to get an early trial and pun ishment.
 It's Legal History.
 In the lower court a trial was given early and the case came to the Su- preme court on January 20. last. A con tinuance was asked by the attorneys for the negro on February Il, which was granted, and the case was submitted on briefs June 16 a-- court went into 1t at once, and on July 21, in an opinion ren cred by MT Justice Tyson, affirmed the decision of the lower court, and the day of execution laying gone by, set Sep temper as a new date when the negro should be hanged.
 The application for rehearing was filed August f. and action taken in recalling the certificate of affirmation August H. Hendon & Hendon, attorneys at Marion, and representing Gator. argued that the court had been in error in charging the 1s on the point of drunkenness, besides some other reasons which seem to them just reason for the stay to be granted.
 The rapidity with which this case went through all the machinery of the courts has been remarked IpoE b.. those who have had to do with 1t in any way. Filed at the last of January, submitted OH DTlclS dl lHt AiiOdlC oA NiiSt Hh NSNA'ASAA was given at the last of July.
 Democratic Committee to Meet.
 The executive committee of the demo- cratic and conservative party of Ala bama has been called to meet in the city of Montgomery at noon, September F. for the purpose of considering and act ing on appeals from election contests from the counties of Perry, Marengo, Houston and possibly others. The com mittee will also at that time consider the adoption of rules governing appeals to the committee. Any other business not now known will also be considered.
 No Right to Appoint.
 A rather peculiar condition has arisen in Calhoun county. The time of the president of the board of county com missioners has expired The governor has no power, according to the attorney gen eral, to appoint. The status of the case Is laid down by the attorney general in the following letter to the governor:
 q return herein the letter of MT. E. H. Hanna to you, requesting the appoint ment of a president of the commissioners court for Calhoun county. If the term of office of the president of the court heretofore appointed by the governor has expired, the governor has no authority to appoint another. The act confers upon the governor the power to appoint per son to hold for the first term, and de- clares that thereafter successors shall be elected by the people. No power is con- ferred upon the governor to fill vacancies or to appoint, except for the first term. Acts 1900-01, page 664 section ?. The au- thority to appoint to office is not an inl herent executive function. If 1t exists 1t must be by virtue of express authority either statutory or constitutional. Fox vs. Mcdonald. 101 Ala, D. 5l, 5, 6, h. n. 70-1) The statutory provision for the filling of vacancies, generally by appoint ment of the governor (codo 3O6D and the special provision for the filling, by ap- pointment of the governor of vacancies, seem not to have been intended to apply to vacancies created by the expiration of the term. Q.ittle vs. Foster, 130 Ala. 154 h. h. 164) Whether or not special election can be held to fill the vacancy, If there is one (code 1898, subdivision 4 it is not now necessary to determine If this officer should be elected at the gen. eral election, under the recent act. provd- Ing for the election of commissioners, General Acts, 1903, pp 449, 450, 1t seems doubtful whether special election could be held. the latest expression of the legis- lature having fixed the time of holding an election to fill the office. Qane vs. Kolb, 92 Ala. 636. 647) If the incumbent should continue to hold the office claim ing it as of right, and to perform the du- ties incident to 1t, his acts will doubtless be good. so far as the public is concerned. (Cary vs. state, 76 Ala. 7s, h. n. S4-6)"
 Parole and Communication.
 The governor has paroled A. c. Feagin of Conecuh county, charged with steal ing a cow and cummuted the sentence of E. w. Young of Mobile county, charged with forgery. On the papers the govern or makes the following statements:
 A. c. Feagin: This applicant was con victed in October. 1903 and sentenced tc one year and a day. It appears that he stole a COW and sold the COW in another county. For the sale of the COW he was convicted for obtaining money under false pretenses and sentenced to hard labor for the county for the period of 2S4 days sentence and costs. He was then indict- ed and convicted for larceny. This mans short term would have expired August 23 1904, but under section 5460 short time Is now allowed convicts who have been previously convicted. The board of par. dons recommends executive clemency Therefore let parole issue, conditioned upon good conduct"
 F. w. Young, Mobile: This applicant for executive clemency was convicted July 1903. of forgery in the second de- gree, and sentenced to the penitentiary for two years. Prior to his conviction he had elected to perform hard labor The trial judge. the solicitor and board of pardons recommend that the sentence be committed four months, which was the time served by the applicant at hard labor prior to conviction. Therefore let sentence be commuted to one one year and eight months and also allowance for