The Montgomery advertiser., 1904-10-06
TO IMPEACH
 A. D. RODGERS An Order as to Madison
 County Sheriff. THE GOVERNOR ACTS To Be Arraigned for Sur rendering Negro to Mob. Attorney General Doubts Ability of State to Reach Dereiict Omcial
 Owing to Error of Legis-
THE GOVERNOR ACT

A. D. Rodgers, sheriff of Madison County, Is to be impeached if possible for his failure to protect the jail al Huntsville from the mob which lynch ed a negro. Horace Naples. on Septem- her 7th, after the mob had set fire to the prison and overpowered the sheriff and the Huntsville military company.
 Governor Cunningham yesterday di- rected Attorney General Wilson to in- stitute impeachment proceedings against Sheriff Rodgers, basing the pro- cedings on information received by the state Executive Department which has been already forwarded to the De- partment of Justice.
 There is a doubt as to the ability of the State to reach Sheriff Rodgers in an effort to remove him from office. Indeed Attorney General Wilson said yesterday that, while hc had not giv- en the matter mature consideration. he inclined to the opinion that, owing to an error on the part of the last Legis- lature. there was no procedure by which the State could impeach a sheriff.
 Statement of Governor.
 with the information before me- said Governor Cunningham. T have directed the Attorney General to begin impeachment proceedings against Sheriff Rodgers. Sheriffs of this State are part of the Executive De- partment of the government, under the new Constitution, and they must do their duty. While they are elected by the people of the various counties they belong to this department. fact which does not seem to be known gen. orally.
 Under the new Constitution" con- tinued the Governor, Impeachment proceedings against sheriffs must be held before the Supreme Court The old Constitution provided for such proceedings in Circuit Courts The last Legislature failed to make neces- sorry changes in the statutory law and this has given rise to doubt as to the manner in which we are to proceed against the sheriff of Madison County. It is a matter, however, that will be left with the Attorney General"
 The action against Sheriff Rodgers is based on reports received by the Governor from various sources and the Sheriff's own report which was filed with the Executive Department a few days after the lynching at Huntsville.
 Rodgers May Resign.
 At the capitol yesterday 1t was said that there was a probability that Sheriff Rodgers would resign his po- sition before he was served with a summons to appear before the su- premo Court.
 As the Supreme Court will not meet again until tne second Monday in NU- vember the impeachment proceedings cannot possibly reach the high court until that time.
 The tragic incident at Huntsville which occasioned such widespread criticism has given the Executive De- partment much work and Governor Cunningham has kept in close touch with all the details and official mat ters growing out of it.
 Yesterday the pay rollE of the soi- diers who went to Huntsville were laid on the desk of Governor Cunning ham for his approval. All of the items have not yet been reported and the pay rolls will not be approved un- til all items of expense have been re- ceived. Governor Cunningham said the sending of the militia to Hunts vile cost the State fully $1,500.
 But 1t Is worth it, added the Gov ernor. and the soldiers would be called again under similar circum- stances"