The Montgomery advertiser., 1909-05-31
LONG OPINION IS LOOKED FOR Cazalas Impeachment Decision Expected. MAY COME AT END OF WEEK Four Previous Cases Before Su-
 prene Court. Justice A. D. sayre Was Commissioned To Take Testimony In Proceed
 ings Against Probate Judge
 Savage In 1890.
NAY COME AT END OF WEEK

tra session call, in the outcome of the Impeachment proceedings against Sheriff Cazalas. of Mobile county. More 1 than the official head of MT. Cazalas or the destiny of his friends Is at- tached to the verdict in this case. Some say he will be acquitted. others that he will lose his position.
 | But whatever the judgment of the seven justices of the Supreme Court sitting in the case. 1t will be a pre- cedent of value in future dealings of sheriffs with mobs in Alabama. The decision in this case is to be the first interpretation of the Constitution of 1901 and the Code of 1907 on the im- peachment of the second highest ex- ecutive officer in the State. Doubtless, following the precedents in other im- peachment proceedings, the Suprems i Court will hand down an opinion of some length in the case. This should perhaps serve as guide to a sheriff when in the future he shall have to cope with infuriated fellow citizens seeking the blood of his prisoners The end of the week may witness | the decision. There are on record so far as has been found, four cases of impeachment proceedings heard before the Supreme Court. One of these trials was that of Probate Judge R. R. Saw age. of Cherokee county, and some idea may be gained from the Alabama re- ports as to what time has been con- stunned by previous justices in arriving at decision after the hearing was completed. It is noted that all testi- money was before the court in the Saw ave impeachment proceedings on Jan uary 22, 1890. On that date the ar- 1 guments were concluded and the case i had been submitted by dusk. The court held 1t under advisement until hV RNy A4 kIA the respondent was adjudged guilty in brief opinion Of the court.
 In this same hearing 1t is quite sin gular that one of the justices. Hon. A. D. Sayre, who sits in judgment on the Cazalas case, was the commissioner appointed by the Supreme Court to go to Center and take the testimony of witnesses. Ills appointment was made December Is, 1889. Tn the commission of appointment the date was set for his return of all the evidence. which was on January 22. 1890. It will be seen from this run of time that the court acted with wisdom in l hearing the proceedings direct instead of through a commissioner, as only three days were employed in the testi- mony and one In the argument and submission. At the Capitol 1So miles from the scene of ths crime. where probably partisanship ran higher than in all previous inpeachments, fewer witnesses were examined than would have been summoned in Mobile. The proceedings were not encountered with innumerable objections and exceptions and all was smooth.
 Attaches of the Supreme Court li- brAry say that the Savage case was the only instance of Impeachment pro- ceedings wherein a commissioner was appointed to take testimony. It Is re- corded that in 1893. when Circuit Judge John B. Tally, of Madison county, was on trial for his office. the Suprem.s Court paid a visit to Huntsville. where l they waded through q mass of testi- mony enough to find the respondent guilty and discharge him from offlce That, too was apparently the only time the Supreme Court of Alabama ever did any travelling to impeach an officer l They have tried all devices in going about the matter and that probably caused the court in the Cazalas pro- ceedings to debate little on what mode would be adopted there.
 The following, as a matter of in terest at this time, Is the form of Judgment rendered in the Savage case. Tt is therefore the order and the judgment of the court that the said R. R. Savage, judge of probate of Cherokee county, be and he is hereby removed from the said office of judge of probate. and that he is disqualified from holding office under the authority | of this State for the term for which he was elected"
 The longest opinion in any impeach- ment proceeding in Alabama's history was that which decided against Judge Tally, removing him from the oflce of circuit judge. It was forty pages of the Alabama reports, November term. 1893, being written by the late Chief Justice Mcclellan.
 But the court broke even on the re- suits of proceedings of which account is taken. Tn the case of the State ex rel Johnson vs. LoveJoy, involving the office of probate judge of Etowah county, the respondent was adJudged not guilty at the November term, 1902. These proceedings were different from the others in that they were brought on information filed with the court by citizen, Thos. L. Johnson. In a sim decision per curiam, saying that the evidence did not show a degree of wiliful neglect. corruption, or any mis- feasance sufficient to impeach him.
 But the first proceedings which his- tory presents by way of impeachment were brought against Chas. w. Buck ley. of Montgomery county. He held | the once oI pIOpdtC Juu6O WhVh formation was filed against him. seek ing his official scalp. But they saw flaw in the statute of 1876 authorizing the impeachment and proceeded to at- tack the law vigorously.
 The respondent was probate judge of Montgomery county and was the first in impeachment proceedings brought under the act of 1878 which first at- tempted to legislate under Sections and 3, Article !. of the Constitution of 1875. It was In that case decided that impeachments are criminal and not civil proceedings and that there fore the defendant has the constitu- tionai right to be confronted with wit nesses against him. It seems that the statute of 1878 in authorizing testl- mony to be taken by a commissioner and out of the hearing of the court was declared unconstitutional. But the main reason for Knocking out the law was the fact that the bill in its passage contained in its title more than one subject. It sounds like the errors of the present day in Alabama legislation.
 On account of the law being held null and void, Judge Buckley did not really go on trial. the demurrer be- Ing sustained and the proceedings quashed.
 The Supreme Court will sit this morning to hear the call of the Sew enth Division, composed of the coun- ties of Calhoun, Cherokee, Clay Cie- burne. DeKRlb, Etowah. Randolph. Shelby st. Clair and Talladega.