Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-07-16
S. GUYT M'LENDON GIVES
COMMITTEE STA TEA1ENI

der providing for the payment to him IN
the future of the further sum of $25O ana
such other fees as the result OF certain
litigation might entitle him to in the oplh-
ion of the governor.
I offer to show that all of said pay
ments, as we'll as said contract, were I'M
lawful and expressly prohibited by the
constitution Of Georgia, section BOA IN
the following words:
Nor shall any senator or representa-
tive, after his qualification as such, be
elected by the general assembly or APP
pointed by the governor, either with OF
without the advice and consent OF the
senate, to any office or appointment nav
ing any emolument annexed thereto, dur
ing the time for which he shall have Deeh
elected"
Astounded as the discovery of this uf1-
lawful relation, and the influence which
that relation must enable Govrnor Smith
to exercise over and upon said member,
I submit that the enlightened judgment OF
mankind and the high and sober sense OF
right enthroned in the hearts and con-
sciences of this general assembly viii
deny to that member any right to sit in
judgment on your petitioner in any case
whatever A right to an impartial trial
Is an empty mockery unless the law which
guarantees 1t shall also provide method
~
impartiality before a person is placed in
jeapordy / have no avenue of approach
to the general assembly excet through
this Joint committee, and this committee
is without power or authority to offer
me that to which l am constitutionally
entitled. ''
My petition and prayer, therefore. is
that this committee shall suspend this
hearing until tomorrow, or such other
Il
ceeding further will ask the general as
sembly to declare whether | have the
rights to prove the facts herein set out
and which offer to prove. and to declare
further that If 1 am entitled to an impair
tial trial, when and how and where
may be permitted to enjoy the privileges
of such impartial trial. The conduct Of
my proper defense, and a right to defend
will not be denied me. must necessarily
depend upon the decision of the question
of whether or not must accept the en-
tire general assembly regardless Of bias
or prejudice or prejudgment as a jury or
whether the vital and all-controlling and
fundamental principle of impartiality will
be respected and enforced. In the IN
trinity of our law, no machinery is pro-
vided for safeguarding my constitutional
rights to impartial. trial, and 1. there
fore. invoke through you a finding on
the part or the general assembly upon
this subject = Must the constitution be
held a meaningless instrument or will it's
majesty and glory be preserved, upheld
and defended? 1 have violated no law,
human or divine; have wronged no man,
] have broken no pledge, but 1 am de-
prived~under the low of the orderly meth
DDS of a court wherein 1 could proceed
under well established rules. wherein the
vilest criminal could put each juror upon
his voir dire A day is not long. Present,
gentlemen, I pray you, this my petition
to that body which has in its keeping the
welfare Of the state and which will, am
sure, administer the highest justice.
respectfully subfit that you as a commit
tee cannot deny my prayer, and ask the
general assembly to empower this COM
mittee, or in such other manner and form
as it may choose, to preserve to me the
right of challenge, and the right to pre-
sent any disqualifying fact may be able
to present, Respectfully submitted,
(Signed) - s. G. McLENDON.