The Montgomery advertiser., 1909-03-03
GOVERNOR ORDERS ATTORNEY
 GENERAL CAREER TO ACT
Papers Will Be Filed Before Su-
 preme Court.
The Proceedings Arise from the Lyneh- ing of Richard Robertson, q Mobile Negro Murderer, When no Resistance Was
 offered.

Impeachment proceedings are to be instituted at once against Sheriff Frank Cazalas of Mobile County. for permitting the lynching of the negro. Richard Robertson, who some weeks ago killed Deputy Sherifr Patch. Be- fore leaving for Washington to attend the inaugural ceremonies of Mir. Taft. Governor Conner directed a letter to the Attorney General of the State. in which that official was directed to in- stitute Impeachment proceedings, as provided by law. | Attorney General Garber will there Tore file papers in the matter before the Supreme Court as expeditiouslv as possible. although 1t is most probabIe that the Supreme Court will issue no formal order in the matter. notifying SheriH Cazalas of the pending proceed ings until April 5.
 | Governor's Letter
 The letter of Governor Conner fol-
 Montgomery, March 1, 1909. Hon. Alex M. Garber. Attorney Gen.
 eral, State of Alabama, Montgom- cry. Ala:
 Dear sir-In the early morning of January 2s. 1909. Richard Robertson, a prisoner. was taken from the Mobile county jail by unauthorized persons and was shot and hanged within a very short distance of the jail. It appears from the report of the grand jury of Mobile County, empaneled on February |, 1909. that 'rumors were commonly current on the streets for hours be- fore the taking of the prisoner from | ho taken. l am informed. I believe reif- ably, that knowledge of these rumors was given to the Sheriff of Mobile county by reputable citizen of Mo- bile. many hours before the se1d ertr-- into the jail; that the prisorfTsS custody for the unprovoked m6> d<s a popular and highly esteemed deplty sheriff: that within the last three years l there have been two lynchingg in Mo ! bile County: but that despite all thg facts. the Sheriff left the jail and VI to his home, four miles distant thsfs- from e d took no precautions to pre- vent thesentry of the danger of which he had notIce. and which entry was actually thereafter made.
 T am further informed that the dsp- uties on guard in the guard room of the Jail suffered the entry to be made without resistance, but that the Sher- | if has retained these men in his efn- ploy. And the grand jury reported that the sherifr's forces have not or dered or undertaken any attempt wor. | thy of the name. to apprehend the mur- derers of Richard Robertson, or to give to this grand jury any information to aid 1t in its endeavor to- ascertain the offenders.
 T have been requested by a number of reputable citizens of Mobile to in- stitute impeachment proceedings against the Sheriff of Mobile County off s4f his conduct in the premises. think that so serious a matter should not be passed over without action, and af- ter conference with yov. consider such proceedings should be instituted: and I now, as Governor of the State of Alabama. hereby direct you as Attor- ney General to commence impeach- ment proceedings against Frank Caz- alas Sr., the Sheriff of Mobile County. and prosecute the same as provided by law in such cases.
 Yours very truly.
 "B. B. Conner. Governor.
 The impeachment proceedings against Sheriff Cazalas are to be instituted under Section 138 of the Constitution of the State of Alabama. which pro- vides, "Whenever any prisoner Is taken from jail. or from the custody of any Sheriff or his deputy. and put to death owing to the neglect connivanee. cowardice or other grave fault of the Sheriff. such Sheriff may be impeach- al
 In a former case in which impeach- ment proceedings were brought against Sheriff of Madison County, 1t was found that while the constitution had provided means for such impeachment, there had been no formal procedure provided by the Legislature to carry out the provisions of the Constitution. rryl,- Nf fore, did not consider the tmpeach- ment.
 In the case at present about to be instituted against the Sheriff of Mobile County, provision has been made in the code for the form the impeachment proceedings shall take. Section TIPS of the Criminal Section provides that IL shall be the duty of the Attorney Gen eral to institute proceedings and pros- ecute the same against any omcer, when the Supreme Court shall so o@ der, or when the Governor shall in writing direct the same. It Is further uroyided that under proceedings so in stttuted the Supreme Court in term time, or a justice thereof. in vacation, shall make an order requiring the of- hcer proceeded against to appear at place, and on a day. which may be either in term time or vacation, ana answer the information; the summons shall be served twenty days before the day specified in the order.
 Governor Interested.
 Since the lynching of the negro Rob- l ertson by party or parties unknown in | Mobile within half a block of the county jail Governor Conner has been In close touch with Solicitor StalIworth ! uf Mobile County. and has stated pub IicIv that he was very much interested in bringing the guilty parties to jus 1 tice
 TO this end he offered large re- yard for the arrest and conviction of tba members of the mob who took the negro from the jail. After a few weeks. however, Governor Conner de- cided to institute impeachment proceed ines against Sheriff Cazalas, and to 1 this end directed Solicitor Stallworth to closely question the Sherir, his jail- CTS and deputies
 | 4 report of this conference was for varded to Governor Conner by Solic- itor Stallworth. and last Saturday morning a delegation of Mobile citi- !