The Birmingham age-herald., 1915-08-21

cessful at the polls Did we proceed in accordance with our rights, or should we have tamely submitted. despite the ex- istence of charges of fraud, and permit
 ted palpable miscarriage of justice?
 And likewise should the members Of this house take the ground that because an office was purchased prior to the election of a candidate, We should not prefer | charges to the senate in order that the
 truth might be ascertained, and a stand ard set by which to measure men in the future?"
 MT. Shapiro declared that dishonesty prevailed not because the people were dishonest, but because they were palpably
 indifferent to dishonest practices. Duty of Representatives Were we proceeding as individuals" he said, we might wash our hands of the affair, smile, shrug our shoulders and let II De. But as representatives, We nave a duty to perform. We must for. 1 get the individual, Purifoy; the man who has served so long in Alabama official | dom, the man who so bravely barred his
 breast in the defense of his country We
 must consider the charge that a man I aolds office in Alabama by purchase. l we must ascertain the truth of the
 charge, and if the charge is found to be
 true take such action that it will be 1 Aho"n III the future, that honesty must
 prevail and decency be maintained"
 MT John and MT. Lapsley of Dallas
 MT Grayson of Mobile. MT. Tunstall of
 Hale and other strong men of the house I defended the man at the bar. They rested | their case on the constitution entirely,
 and the provision of the constitution which sets out the grounds on which | a secretary of state might be impeached-- I corruption in office, or under the color of l ie thai point that any act of man before his l Induction into an office would not con- l stitute an offense for which he could be l impeached, because it could not be con-
 strued as corruption in office-or cor ruption connected with office. It is on I the latter phrase that the majority mem- bers of the committee contend that their l ca SC is constitutional, and that as a result l formal charges should be preferred by l the house to the senate.
 Merritt on Testimony 1 The story of the charges against Judge Purifoy was told in more or less detail and in highly dramatic manner by Mir
 Merritt of Macon.
 | ''I have twice heard the story' said MT. Merritt, from the witnesses in the case. They told us that Judge Purifoy
 and MT. Nunnelee and two witnesses met | in a room in the Imperial hotel that
 Judge Purifoy drew from his pocket roll | of bills, and turned them over to one of the witnesses for counting; that this witness then turned the money, Sl000, over | to MT. Nunnelee.
 l When this testimony was given to the Investigating committee we asked each who testified If this money was paid by Judge Purifoy to MT. Nunnelee for the
 office of secretary of state. And each
 replied In the affirmative.
 l And now, gentlemen of the house. do you contend that there is reason why we should keep hands off in this matter Do you contend that there is not con- fronting us a grave and solemn duty? I, l Tor one, feel that when I cast my vote on | this question it will be the expression of
 my conviction as to the most solemn duty I have been called upon to perform since
 the beginning of this session.
 Charge of Embezzlement And now regarding the charge of en- bezzlement of s6505o. Witnesses told the | Investigating committee and the judiciary | committee of this house that Fitzhugh | Lee, then connected with the auditor S | office, carried that sum of money to the 1 treasurers office in order to deposit it.. He turned this sum over to J. l.. Purifoy, | chief clerk of the department The in- vestigatng committee found that this money was never turned into the treas 1 ury of the state When the investgat- ing committee further inquired into the matter, J. l.. Purifoy told MT Lee that l he would get that money. J. L. Purifoy | was then chief clerk of the office of sec l retary of state, or rather in charge of
 the insurance department subsidiary
 department to that of secretary of state. 1 He cid get this money and deposited it l with the treasury. The charge Is that
 it was taken from that fund paid in April
 to the insurance department. If that
 be true there is a shortage in that fund, and the Investigating committee may have
 a report to make in the near future. l Tt is contended that even If the charge l be true that Judge Purifoy Is not to be held accountable. If Judge Purifoy has | ever examined the books of his depart
 ment he has found the real status of af- fairs. And certainly he was made aware l by the investigating committee. How
 ever, the man who received the money
 from MT Lee and who did not put it 1 into the treasury of the state. is still
 the head of the insurance department un- l der his father, Judge Purifoy. Can you say that it is not our duty I to put this case before the senate? It is
 certainly not our duty to smother it here | in the house."
 Plea<for Age
 MT. Judge of shelby in defense of Judge Purifoy spoke of the age of the l uelenuant ms SefNlce 10 ms country Tn times of war. and in that period when brave men redeemed the state from the rule of the carpetbagger.
 ''I am here to tell you he said, that | if we kick old man Purifoy overheard
 he will soon die. I would not be mem- | Der of a majority or a minority body which took such action.
 l Let this house respect the gray hairs l of the old man, and let us take him from the restless couch on which he losses
 at night. and permit him to lie down to i pleasant dreams.
 Let us drop these proceedings or make l a clean sweep. There are other thieves l if he be one, and that I do not believe I on whom we can work. And let this fact | sink into your hearts--no grand jury, no l solicitor, no Investigating committee has l ever cleared man. It is the duty and l becomes the second nature of such to con | vict."
 Suggests Grand Jury
 1 MT. Grayson of Mobile, in defense of
 Judge Purifoy, declared that the consti- 1 tuition made it very plain how secre- | tary of state may be impeached.
 Under the constitution" he said. |