The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-12-27
BENNIE- GAMBILL
CASE CONSIDERED
SPECIAL MEETING OF CITY couN.
GIL HELD YEsTERpAY-cITYs
INTEREST IN oAMBlLL's BE.
HALF-MATTER POSTPONED.

For an hour yesterday the members Of
the city council, at a special session, de-
liberated over the Bennie- Gambill case,
but nothing definite was decided upon. A
motion to adjourn until today at II
o'clock when the matter will be again
taken up, prevailed.
| It will be recalled that the supreme
court recently sustained the action Of the
lower court in giving a judgment for
ST. 600 in the case of L. A. Bonnie Va. A. A.
Gambill, license inspector and street tax
| collector of the city OF Birmingham.
Suit was brought for an alleged false ar
rest, In connection with the purchase Of
some theatre tickets several years ago.
Mr.. Gambill contends that he was only
acting In his official capacity in making
the arrest. and that the city of Birming-
ham Is therefore responsible for damages
in such cases as that OF Mr.. Bonnie.
A resolution instructing the city auditor
to draw q warrant on the city treasurer
for the amount of damages at a recent
| meeting Of the council was introduced,
and as customary It was referred to a
committee, This committee consisted of
the mayor. the chairman of the finance
committee. Alderman Henry B. Gray, the
chairman OF the judiciary committee, AL
derman r. Fl. Thach, and the chairman
of the miscellaneous committee, Alderman
John c. Forney. The meeting yesterday
at noon was called for the purpose Of
hearing a report from the special COM
mittee.
In the absence OF Mayor Drennen, AL
derman w. r. Gum OF the Fifth ward,
| presided the following members re-
spending to the roll calls
Aldermen Wheeler. Greener. Copeland,
ID. r. Moore. Copeland, j. r. Cooper.
Gum, Forney, HEIDI Jones, Sims and
Stockmar. Alderman Forney for the spe-
cial committee offered a report instruct
ing the city auditor. w. B. Copeland to
draw the warrant as prescribed in the
resolution.
Alderman Cooper of the Fifth ward op-
posed the adoption of the resolution. At
the request of the city council, Chancel-
lor ]. ]. Altman an ex-member Of the
council from the Sixth ward appeared at
the meeting He represented Mr.. Gambill
in the Bonnie proceedings. Colonel Alt
man stated to the members Of the city
council that in his opinion the city of Bir-
mingham is legally as well as morally
bound to pay the judgment. Mr.. Gambill,
he said, has on several occasions been
directed by resolution from the city coun-
ell to make similar procedure. and the
city should not escape the responsibility.
He closed by saying that II the city
should see fit to refuse to pay the amount
1t would prove a loss of revenue from
the license and tax departments in the
future.
Alderman Heidi of the Seventh ward
pointed out to the members that Mayor
Drennen, Chairman Gray of the finance
committee, nor Chairman Thach of the
judiciary committee were present and
that in his opinion the matter should go
over until the next regular meeting
Alderman Copeland of the Fourth ward
pointed out to the board the fact that
Monday was legal holiday. He said that
he was ready to vote on the proposition
but did not know whether any action
taken on a legal holiday would be bind
ing. Colonel Altman said the action of the
board on Monday would be legal, but
| that unless the matter was settled execu-
| ton would ISSUE
| After some further discus sion a mo-
| ton to adjourn until Tuesday carried and
| a committee composed of Aldermen For
| ney, Gum and J. r. Copeland was APP
| pointed to see the attorneys for Mr.. Ben
| ME and inform them of the action.