Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-08-06
Motions to Impeach, to Remove,
and to Disregard Ex-Governor
Smiths Recommendations Are
Now Before the House.
JOE HILL HALL OPENS
DEBATE, FAVoRING
PLAN OF IMPEACHMENT
Previous Question Called at 4:3O
o'Clock-McLendon's Friends,
by Intimation, Forecast His Dis
missal, and Make Hard Fight.


speeches made Thursday morning, wheh
debate on the former chairman OF the
railroad commissions suspension was be-
gun.
Most of the speakers who opposed sus'
pension seemed to take for granted that
they were in the minority and devoted
the greater portion of their arguments to
attacking and impugning the motives ano
the honor of the men whom they be-
lieved were going to vote against them
in favor OF the removal.
AS the morning progressed, this tend
ency became more and more apparent
end when the house adjourned at l O'CLOCK
TO resume debate al o'clock, the hun
dreds OF people who had thronged the
gallery and the rear isle of the assem-
bly hall went home to dinner with the
certainty In their own minds that II
was "all over except the shouting
At o'cock, the argument is being
reopened; Messrs. Anderson or Chat-
ham, White Of Screven, Fullbright and
Hardman will speak.
At 4:3O o'clock the Hail resolution
for impeachment will be voted on. AS
soon as IL is disposed of, the Ander-
son resolution opposing suspension
will be voted on. Then Mr. Hard
mans resolution to suspend will be
voted on as the main question
Mr.. HALL OPENS DEBATE.
The opening speech was made by Joe
Hill Hall, who had been given 20 min
utes TO explain his impeachment resolu-
ton.
He held that the general assembly had
an unQuestioned legal right to remove
McLendon by impeachment. By so do
ing the house would be on safe ground.
McLendon's removal by any other method
will leave an action open to review and
reversal by the courts. If he were i'm
peached il did not necessarily mean the
imposing of the extreme penalty, said
Mr. Hall; the senate could fix that as
It pleased The constitution did not
force the imposition of the extreme pun
ishment
He could be impeached and then simply
removed from office as the penalty. Even
II McLendon was guilty, Mr.. Hall be-
ieved the house had no right to pass up
on It without giving the commissioner a
hearing. That hearing McLendon had never
had. AS for Mr. Hall, no matter what he
believed regarding a mans guilt, he would
never vote to convict him unheard.
HOUSE LEGISLATIVE BODY.
Also, said Mr.. Hall, the house was a
legislative. not a judicial body, yet the
house was planning to sit here today
one way could the judicial function be
legally exercised. and that was by i'm
parchment The house was going to
strike down a man without a trial.
Such action would not only strike down
one man, but would strike to the very
root of the most sacred principle Of lib
erty and justice.
HAD RIGHT TO REMOVE.
Mr.. Sheppard of Sumter argued that
the legislature had the plain legal right
TO remove officers, not only by abolishing
the office, but by suspending the officer
himself. He said a railroad commission
er was not a constitutional officer. He read
court decisions and other precedents to
prove his contentious. The office of rail-
road commissioner, he said. was the crea-
ture of the general assembly.
The act creating the office, he said,
specifically provided that the governor
could suspend. report the suspension to
the general assembly, and that If the
assembly decided, for the reasons ad-
vanced by the governor or for any other
reasons, to sustain the suspension, the
commissioner term in office should
cease. Mr.. Sheppard declared that the
house had a brief of the evidence and
that Mr.. McLendon had no right to anoth-
er hearing.
In Mr.. McLendon's answer, said Mr.
/
cally admitted every charge against him
| DIDN'T OPPOSE INCREASE.
| When the railroads in the west attempt
ed to increase rates. Mr.. McLendon did
not interpose objection. but even opposed
ma king a fight against the increase. And
in the answer he did not deny it, He
said he furnised written statement t.
aid the commission, but in that statement
he argued that the road ought to be per.
mitted to make the increase.
He took up the free-pass charge, and
said Mr.. McLendon's answer was an ad.
mission Of guilt. He quoted Mr. McLen.
don's words. He travelled on the Atlanta
Mr.. Baker OF Lumpkin was not here
he said, to defend McLendon, nor wa
he here to advocate anything except tn
majesty of the law.
The great constitution provides tina
no man can be deprived of life. libert!
| or property without a due hearing ant
trial before a jury of his peers. Gentle
men. this is a case in point! Be McLen
don guilty or innocent he has rights whicl
are sacred before the law and you canno
suspend him here without profaning thos
God-given privileges"
| GUILTY OF DISHONESTY.
Mr.. Allen of Upshaw pleaded with tn
house to lay aside partisan prejudice
and decide the case on its merits, regard
/
ex-governor or the present governor. H
believed McLendon had been given a fai
trial, a trial that cost the state $1,000 ap
lpropriated for his defense. He had bee
championed by the ablest attorneys an
orators in Georgia, and he had been foun
guilty. guilty of downright dishonesty. 9
the worst kind of mafeasance in office
He had betrayed a sacred trust and ough
to be removed for that reason.
Mr. Reese of Glynn thought impeach
lment was the only method by which tn,
house could legally handle the case.
Mr.. White OF Screven said all the i'm
,peschment talk was muddying the water
and obscuring the main Issue.
fought McLendon to be removed from
office? That was the question the hous,
was called upon to decide. Had Mr.. Nc
Tendon been a traitor to his trust?" TIL,
speaker believed he had.
Mr. Alexander of Fulton thought tina
a vote sustaining the suspension woulC
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