The Birmingham age-herald., 1904-10-13
STEPS TAKEN ID
 |MPEACH SHERIFF Doubt Expressed as to Supreme Courts Jurisdiction SPEAKE HAS SAD STORY Col. E. L. Russell and Other Prominent Mobile and Ohio Officials Spend
 Several Hours In Mont
 gomery.
SPEAKE HAS SAD STORY

| Montgomerv, Oct 12.-(SpeciaD. Under | instructions of the governor of Alabama which instructions are made part or the papers filed. the attorney general of Ala 1 bama, the Hon. Massey Wilson, this 1 morning filed information with the chief | justice of the supreme court the Hon. | Thomas N. Mcclellan against the sheriff l of Madison county, charging that he has been guilty of the following impeachabe l conduct:
 | "Wilful neglect of duty.
 | "Incompetency.
 "Negligently permitting a prisoner to be 1 taken from the jail anu put to death." The events of the night of September l are recalled, in which it is charged that 1 Sheriff A. D. Rodgers Knowingly and in- l tentionally failed or refused to take the necessary steps to repel the mob and pro- | tect the prisoner.
 1 That said Rodgers, knowing the purpose | tentionally failed or refused to give the said soldiers the necessary and proper l orders and commands to resist the mob | and protect the prisoner.
 That said Rodgers knowing the purpose and intention of the mob. or being in pos session of enough facts to charge him 1 with knowledge thereof, knowingly and l intentionally failed or refused to have a l sufficient number of his regular deputies | present to protect said prisoner against 1 said mob.
 That said Rodgers, knowing the pur- 1 pose and intention of said mob, or being | in possession of sufficient facts to charge 1 him with knowledge thereof, knowingly 1 and Intentionally failed or refused to | summon to his aid a sufficient number 1 of the men of his county to repel the mob | and protect the prisoner.
 l That said Rodgers, knowingly and in l tentionally failed or refused to command l said mob to dispurse, or take proper steps to disperse the same, That said Rougers, knowingly and in- l tentionally, neglected or failed 70 use l the proper precautions or force to prevent | said jail being fred that said Rodgers | had at the time at his command the means whereby to prevent said arson | The fact that A D. Rodgers was duly | elected sheriff of Manson county and in- vested with the duties of the office' that | the negro Horace Naples, charged with | murder, was placed Tn his charge, and | that a mob was allowed, on the night of | September z. 1904 to take the said Naples | out and unlawfully hang him, In addition to setting fire to the Jail, is set forth in l due form.
 Date of Hearing.
 The papers were filed with Chief Justice l Mcclellan in recess o. the supreme court, 1 this morning. and he has set November l 24 for the beginning Of the hearing. The | law allows twenty days for the accused | to answer, at which time he is expected | to make his showing 10 the court | There has been raised on the outside | question of the right of the court to try | this case, inasmuch as there was no law passed by the last legislature covering such proceedings. Under the old consti- tuition sheriffs were to be impeached be- l fore lower courts. but the new constitu- tion removed the trials of such to the su- | preme court No statute was provided, l however for the trial, and the situation l is that while the constitution says sheriff must be impeached before the su- preme court, according to law" the only | statute covering the case Is in the old | code, which allows him a trial by jury | and right of appeal to the supreme | court" It is quite likely that because of the omission of the legislature there will be found no means or right Tor the 1 impeachment of sheriff.
 speake's Clever Letter.
 Papers in the case will be served by the l coroner of Madison county, a coroner be- | | ized to serve papers a sheriff. | The state auditor has received the fol- | lowing very clever letter from Judge | Paul Speake of Huntsville, who loses his 1 job because of the failure of the Lusk | bill.
 Huntsville, Ala, October 8. 1904 | ''Hon T. l.. Sowell, State Auditor, Mont | gomery, Aa.:
 | Dear Sir-I encose you herewith your warrant No. 32165 with it's heart-rending | indorsement, Void account of Lusk | bill' I trust 1t may be of some service | to you but it Is no good to me. It has made one trip to Montgomery and is back again, and l am sans spondulics for September-the most strenuous month of | my existence. The decision of the su- preme court was disappointing, the gov- ernor's action in not calling special session made me sadder, but that pencil indorsement on the back of this warrant,
 Void account of Lusk bill,' caps the climax. I suppose my late deceased pub lie office will have to constitute itself into a public trust until the next legislature
 meets and authorizes the payment of this s208. .33, but if the state officials know any way to avoid this long wait, please adopt it. It is bad enough to my official head lying in the political waste | basket but for 1t to lie there without the covering which this s20S.33 would
 give 1t and winter coming on, too, is
 barbarous. Yours very truly,
 PAUL SPEAKE."
 SoweI Resigns.
 M R. Sowell has resigned as land clerk
 in the office of his brother, Hon. Thomas
 L. Sowell, state auditor. and will return
 to his home at Monroeville. He is suc-
 ceeded in the position by Mr. Rufus A.
 ORear of Jasper, who is today learning
 the routine of the office. MT. Sowell has not been in good health for some time,
 and will spend several weeks in the coun-
 try before assuming any other duties.
 Help for Judges.
 Acting Governor Cunningham has writ
 ten to the judges of the Eighth and Ninth
 circuits, informing them that If need be
 he will send the supernumerary and spe- cial judges to their assistance in dispos- | ing of any crowded dockets that they
 may have to handle. This is in line with
 the governors statement when he refused
 to call a special session of the legisla-
 ture to the effect that every assistance
 possible or the part of the state would
 be rendered the judges in handling any
 congestion that might arise because oi
 the failure of the Lusk bill to stand the
 test of the courts.