The Birmingham age-herald., 1915-03-16

commission l hold. to answer these at
 tacks on my personal charact I shall answer each and every one of them in this statement, to which my attention has been called.
 Tt is proper that we should first in- ouire what are your powers and jnris- dicton. You were not constituted by
 virtue of any law enacted In accord ance with the provisions of the state constitution. You are merely acting under color of authority of a joint resolution. Even if you were not acting under a joint resolution but we're constituted by law enacted according 10 every con-
 stitutional requirement. you would be without power to interrogate the gov ernor or former governor of Alabama,
 as to the reasons or motives which in- duced his official actions.
 Beyond Their Rights
 You have no legal right in inquire why the governor released certain con-
 tingent appropriations; why he employed special counsel. or how he expended the contingent fund.- provided the expendi- ture was for public purpose; or why he granted or refused q pardon or issued reward, or performed any other execu-
 tive duty intrusted solely to him by the constitution. You cannot supervise, di- rect or control any executive discretion.
 '"The chief executive of this state is the
 head of separate, independent and CO.,
 ordinate department of the government The constitution provides that the legis- lature cannot exercise judicial or exec utive functions. You have no more right
 to make the former governor Of this
 state a witness and examine him as to
 his official conduct than he could exam.
 inc you as to the motives which induced certain legislation. You might as well
 summons the judges of the supreme court and inquire from them the1r motives In rendering certain decisions ana whether they were improperly influenced in reaching their conclusions
 'If governor commits certain ofs lenses, the legislature by proper pro ceedings can impeach and remove him from office, if he violates the law he can be indicted and tried by Jury or his peers, under the orderly and we'll settled rules of law in court of Justice. If you were sitting as committee Of the legislature legally constituted you would not possess any judicial or 1n- quistorial powers.
 "If your purpose is to ascertain my views on affairs of state pave already l in written message given you Iull 1 history of my administration, the result 1 of four years experience, and nave sus- gested such legislation as l believe pre- sent conditions demanded The consti- l tuition made it my duty to communicate with you in written message, giving | you information on the state Sf the gov | ernment and recommending for your con
 sideration such measures as l deemed expedient, and that duty nave per l formed.
 Composed of Political Opponents l "Every intelligent citizen of Alabama knows that this committee Is com l ,,aItttnal nnD0nentS. NO | member of the legislature who Ia
 yored local option. the creed of the | marty as declared in it's last official platform, was selected for membership, You have ignored every well settled rule of evidence by the admission oi | idle hearsny, of street corner gosslf and stale campaign canards. You havu Ilaced upon the witness stand two gentlemen who occupied most private confidential relations with me person. | ally. my private and recording 3ecrc- l taries. You have forced then tc disclose personal and privileged com munications of a private character l with which the public had no concern but which I had no desire to conceal
 You knew that they had not support 1 ed me for governor and were not ir | sympathy with the policies of my ad- 1 ministration, and it would seem you hoped from their testimony to ascer- tain some rumors which might arfec' 1 my character.
 "Judging by the course of your pro- ceedings you have undertaken to place on trial my personal character and of l ficial conduct You have sought tt show that I had not properly account ed for public moneys placed in my 1 hands and as to which l exercised executive discretion. You have sough to reflect upon my character and thai
 of my family by placing on the stanc those who never had access to th' governors mansion, and seeking t'
 show by them that it was left in al l insanitary and uncleanly condition | without proper furniture or fixtures l You did not summons those people o' Montgomery and of Alabama who hat most frequent access to my home ant 1t would from this appear that you hat no disposition to be fair.
 You proved by witnesses that 2' wheelbarrow loads of ashes had peel Il taken from under the mansion shortl, after my occupation and yet some un friendly journals who have Joined il
 inc campafgn of islander against ml