The Montgomery advertiser., 1909-06-04
Supreme Court. for First
Time IN History, I'M
peaches Second High
est Executive Officer
Of State.
Justices Anderson and Mayfield
Hand Down One Of the Most
Emphatic Dissents IN the His
tory Of the Court.

Sitting for the nrst time In the his
tory OF Alabama in impeachment pro-
ceedings against . sherifr, the Supreme
Court OF Alabama yesterday morning
read o verdict. rather surprising the
small audience that had gathered. re-
moving Sheriff Frank Cazaias Of Mo-
bile County, from the ONCE. TO which
be was elected in 1907. The impesch-
ment followed by Just one week. the
formal taking OF testimony In the cele-
brated case. and the vacancy An the
ONCE takes effect instanter.
BY some lawyers It is ssid that the
coroner OF Mobile County. n. p. Hirsh-
fleld. will take charge OF the vacant
once OF sheriff. as no other provision
Is made in the code for the filing OF
the place.
The probable reading OF the decision
In the Cazaias fmpeach ment case SEEM
ed to be In the official atmosphere at
the CAPITOL and when. few minutes
after 10 o'clock In the morning, the
approach OF the seven justices was
announced, there arose large semi
circle of interested spectators to
greet the coming. It was when the
news spread that all, the court would
come down from their chamb ers--an
unusual procedure---that the surmise of
the cazaias decision gained strength.
And they were not disappointed, the as
sembled hearers, for In the regular
order OF judgments as they were read,
came the announcement from Justice
r. T. Simpson, who called on in steady.
subdued voice. State of Alabama ex rel.
Alexander M CARRIER, Attorney-Gen-
aral Frank CaxalaQ SIR Hh0Ffm of
Mobile County"
Then the certainty of the courts
conclusion dawned gradually upon the
audience as Justice simpson. the au-
thor OF the majority opinion in the
case. read carefully the mandate which,
County Sheriff. Il was noted In the
reading that Chief Justice powdell, and
4 Associate Justices Mcclellan. Sayre and
benson concurred in the opinion, while
Justices Anderson and Maynsid ais@
scented.
Immediately at the end OF justice
simpsons reading. came the dissenting
version OF the case as announced BY
Justice Anderson. In an opinion which
was much longer than the language OF
the majority of the court, Justice An
derson took the arm position that there
had not been presented proof Of suf-
ficient neglect 10 justify the removal
second
in the state. because q gang of "assas-
sins" possibly not more than twelve in
number. after stealthily approaching the
Jail, covered the sheriff.s guards with
guns, seized the negro Robertson and
hanged him from the limb OF q tree
in the heart of Mobile, thus avenging
the murder of Phillip Fateh. former
deputy.
The opinion of Justice Anderson is
regarded as one OF the most emphatic
dissents yet recorded in the Supreme
Court annals. The proposition was
laid down by him-and in 1t Justice
Mayfield concurred-that q sherin
should not be chargeable with the
consequences OF a mere Judgment. In
the light OF ell the circumstances he
could not see that the conduct of MT.
Cazalas on the evening preceding the
lynching was more than mere error of
judgment. Nor was there that degree
of neglect which was contemplated by
the trainers of Section 1ss of the Con-
stitution. which, for the first time in
Alabama's history took from the Cir
cult Courts the impeachment jurisdic-
ton over sheriffs and gave 1t over ex-
clusively to the Supreme Court.
AIludes TO Bravery.
In the midst of his version. Justice
Anderson took occasion to allude to
the bravery of Mr.. Cazalas as demon
strated at previous lynchiugs against
which he defended, and shrank from
depriving a man of his office when II
might mean his humiliation, disgrace
and bankruptcy. He also made q
Biblical reference to only one man who
was ever perfect on earth, that being
Him who spake, Let him who Is guilt
less cast the first stone"
Those familiar with exSherih GAIA
lass circumstances say that bank
Ia a int in
scribing the effect of impeachment on
that officer. 1t is stated that he will
find extreme difficulty In getting to-
gether the means for paying of the
heavy debts of the trial. Some esti-
mate the costs of the proceedings at
from $4,000 to 5000. and on top of this
will come the attorneys fees.
II Justice Anderson's words formed
so strong a dissent, Justice Simpsons
language was none the less positive In
expressing the judgment of the ma
jority Of the court There was brief
review Of the facts which led up to the
iynching of the negro, January ~. 1909
the second night after the assassina-
tion of Deputy Fatch. He referred to
the proof of rumors which circulated
freely during the hours before the
lynching and that the very fact that
SO popular and faithful an officer as
Fatch being shot in cold blood ought
TO have suggested to the Sheriff some
precautions against violence to his
prisoner
providing Tor the impeachment is
stringent but that 1t is equally man.
datory on them was admitted by the
majority.
Law n Severe One.
att must be admitted" said Justice
Simpson, "that the law Is severe and
exacting but the evil which 1t is In
tended to correct demands strenuous
measures of prevention. In this free
Government OF ours, respect for the
laws is the very base rock upon which
must rest all our liberties, and II mob
law IL ever justihable, then the most
cherished principles of that body of
laws which we call common and which
have come to US hallowed by the Wis
dom Of ages and which we have i'm
bedded into our constitutions, are
wrong and the boosted rights and lib
critics Of the American citizen consti-
tute a solemn farce"
AS to the fact that there was no
ordinary demonstrations of a mob
leading to the taking OF the prisoner