Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-07-02

Mr.. johnson arose to a point of order
The gentleman was not combining him
self to the question under consideration
he said, namely. the Hardeman resolu-
ton directing the procedure upon the
governors special message. There was no
question of impeachment before the house,
he said. The Wright amendment was out
OF order. He asked for the speakers rul-
ing and the speaker overruled his point.
Mr.. Halls speech was impassioned. He
left his seat and took position at the
head of the main aisle, In which he hurled
his argument across the house.
Mr.. White of Screven asked what adj
vantage there would be in restricting the
matter to a house committee in declining
to let the senate hear 1t.
There is the advantage of proceeding
according to law" replied Mr.. Hall.
There is no reason on earth why the
senate should be allowed to hear the evil
dence in this case. 1t would disqualify 1t
from acting"
Mr.. McMichael Of Marion:
Have not the people of Georgia spo-
ken through the GOVERNOR
THE people of Georgia have never CIV
en- this power to the governor to dis
miss a railroad commissioner" replied
Mr.. Hail.
Mr.. Hall was repeatedly challenged.
Mr.. Sheppard of Sumter assailed him
twice. others opposed his argument.
Mr.. Wright OF Floyd;
Does the gentleman from Blbb con-
tend that the railroad commission is a
judicial body?"
Mr. Hall: "I have not been able to de-
termine Just what function the railroad
commission does discharge. l am frank
in saying don't know. 1t seems at times
that 1t assumes the powers Of the legis-
lature"
Mr.. McCrory of Schley:
"If the gentleman from Bibb agrees
that the suspension of Mr.. McLendon by
Governor Smith was and is illegal, could
not Mr.. McLendon go ahead and dis
charge the duty of railroad commits
sioner?'
Mr.. Hail did not answer the question
directly
QUESTION FOR COURTS, THEN.
, would that not be, then, a judicial
question for the courts to decide?" asked
Mr.. McCrory. would not quo warranto
proceedings be necessary to Gust him? II
the position of the gentleman from Bibb
is correct, then there is nothing for the
legislature to do.'
Mr.. Hall: "Oh, yes; there is a great
deal for the legislature to do"
Mr.. Holtzclaw OF Houston: What are
you talking about? Then you don't
want a joint committee"
shot Asleep"
The house laughed.
Mr.. Alexander of DeKalb gained the
recognition of the chair when Mr.. Hall
concluded.
MEET IN AFTERNOON.
He yielded the floor to Mr.. Lewis Of
Hancock, who introduced a resolution
that when the house ADJOURN 1t be until
4 O'Clock Wednesday aetRrnoon, in order
, IL IL. 10 rrfxr
to the matter under consideration. The
vote on the motion was 81 ayes and So
nays The house will meet again We'd
nesday afternoon, accordingly.
81 do not believe that at this time the
question has anything on earth to do with
the question of whether or not Governor
Smith gave sufficient reason for the sus-
pension. The sole question is one of pro-
cedure.
Mr. McMichael of Marion: '''Has the
constitutionality of the law which the
passed upon by the supreme court? Has
the court ever declared IL null?"
Mr. Alexander: mo. SIR
Mr. McMichael: as not law so stand
ing, generally In force?'
Mr.. Alexander: "No, sir Ny friend
from Bibb is entirely within his rights
when he questions the law. Any citizen
of Georgia can disregard any law that he
considers unconstitutional He does that
at his own peril. lin answer to ques-
tion) / believe 1t is entirely within the
power of the house to act separately If il
wants to, but 1 believe the only man in
this house who wants to do that is my
friend from Bib. who wants a house
committee to act on this question. There
is nothing whatever for this house to do
IL his position is correct that the COVER
nor's suspension of Mr.. McLendon was IL
legal"
Mr.. Hall: my position is that, regard
less of whether or not the governor had
the right to suspend Mr.. McLendon, the
charges that have come to the attention OF
this house against Mr.. McLendon make it
our duty to investigate them"
Mr. Anderson of Chatham, Mr.. Alex
ander yielding offered a substitute reso-
, luton for the whole, providing that the
special message Of Governor Smith, to-
gether with the reply of Mr.. McLendon.
''be referred to a special committee OF %
members OF the house with instructions
to report back their actions In the prem
Uses within one week from the date Of
their appointment"
Mr.. Alexander (resuming):
DOESN'T LOOK FOR IMPEACHMENT
IT am absolutely opposed to that meas
ure, for the reason that like every other
proposition that has come here from the
other side in this matter, II absolutely
paralyzes this house in it's effort to OBJ
tanned a clear understanding of this case
through witnesses and documents. On
reply to an objection from Mr. HalD.
Neither the gentleman from Bib, nor
any other member of the house, has any
i6ea on earth of instituting such DIM
peachmenD proceedings.
The publication was made in a city
paper here, charging by rumor only,
that Commissioner McLendon had been
dealing in railroad securities, and the
commissioner himself was quoted in
the same paper as admitting the
charge and Offering some excuse for
II. Because this thing has been pub
lished, it is now up to the general as
sembly to take notice OF the matter
and determine whether they will ig-
more IL or investigate it. (In answer
to a question by Mr. Peacock of Pu-
| laski). II is not within the power Of
one house, without the joint resolu-
ton of the other, to compel attendance
Of witnesses or production of docu-
ments in a general investigation. such
as this would be-
Mr.. Alexander read the statute forbid
ding railroad commissioners to own rail-
road stock or bonds or be in the employ
of a railroad.
In a volley Of questions and answers,
Mr.. Hall of Bibb admitted that If the