The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-12-28
CITY SATISFIES THE
BENNIE JUDGMENT
Pays $1,000 and Costs for Col
Iector GambIIl
ALDERMEN DEBATE MATTER
End of Notable Case Growing Out of
Alleged False Arrest. A. Ben
ME Sued A. A. Gamblli
and Won.
ALDERMEN DEBATE MATTER


yesterday at noon decided to protect Mr..
Gambin. The vote was to 6. The meet
Ing was spirited one. lasting as l. did
nearly one hour and half
In agreeing to pay the judgment and
the costs. the city council sustained the
report of the special committee, which
had the matter under investigation The
vote on tho proposition to sustain the
committees action stood:
Aye-Aldermen Wheeler. Greener Cope
land, J. r., Gum, Forney, Sims and
Moore.
Nay-The mayor. Aldermen Ward,
Copeland. D. r.. Cooper, F>ulghum and
Heidi.
This matter has been before the city
council for several weeks past. About
year ago License Inspector and Street
Tax Collector A. A. Gamhill arrested L.
A. Bonnie. under instructions, he claims.
from the city council. for dealing in the
atre tickets
5ennle's Suit.
Bonnie shortly afterwards entered suit
against Gambill for an alleged false ar
rest. The suit was tried In the city court
of Birmingham and a verdict for $1,000
for the plaintiff was given. The case was
appealed to the supreme court by the de-
PENDANT, and the supreme court recently
rendered decision sustaining the lower
court
When the matter came up before the
city council recently Mr.. Gambill claimed
that he was acting as a servant of the
city and therefore was not liable for dam
ages that might incur. The matter was
referred to a special committee composed
of the mayor, the chairman of the finance
committee. Alderman Gray; the chairman
of the judiciary committee. Alderman
Thach and the chairman of the insect
laneous committee. Alderman Forney, A
special meeting of the council was held
Monday at noon to take up tho matter
but on account of the mayor the chair
man of the finance committee and the
chairman of the judiciary committee, be-
Ing absent, it went over until yester-
day at noon.
Thirteen Were Present.
Mayor Drennen called the meeting to
order yesterday shortly after noon, the
following aldermen responding to the roll
call:
Aldermen Greener, Wheeler, Ward,
Copeland, d. r., Moore, Copeland. j. r.,
Gum, Cooper, Forney, F'ulghum, Heidi
and Sims.
Mayor Bremen stated the object of the
meeting and he then yielded to Alder
man Forney. 1T devolves upon me-"
said the alderman from the Sixth ward
ito make a report from the special com
mittee instructing the city auditor to
draw the warrant on the city treasurer
for the amount of the judgment and the
costs, inasmueh as two members of the
committee are not present. 1 therefore
move the adoption of the report of the
ably on the resolution
Alderman Moore: Second the mo-
tion."
Alderman Wheeler: rs there mi
nority report
Alderman Forney: NO"
Alderman Ward: "I move to table the
resolution"
Alderman Fulghum Second the mo-
ton"
Alderman Cooper: rs that debatable?"
The chair: NO, sir"
Alderman HEIDI. Il would like for Al
derman Ward to withdraw his motion to
table. | think this matter should be de-
bated."
Alderman Ward: II agree to that"
Alderman Heidi: IT think the alder
men should be here and tell us whether
or not they Instructed Mr.. Gambill to
proceed as he did, in order that we may
consider this matter In an intelligent
way. The city attorney tho chairman of
the finance committee and the chairman
of the judiciary committee should GER
tanly be here"
Alderman Fulgham: II do not see how
| can vote for It,. The supreme court
has held on several occasions that mu-
nielpality Is not to be held for damages
for any act committed by it's employees
Or servants. 4 we should pay this
amount the precedent would perhaps
bankrupt the CITY,"
Motion to Adjourn.
Alderman Heidi: II move that we ad-
journ."
Alderman Cooper IT would like for the
gentleman to withdraw his notion"
Alderman Heidi: "An right"
Alderman Cooper: Il think this matter
should be settled now"
Alderman wheeler: was he acting for
the interest Of the eity?'
Alderman Cooper: Mr.. Gambill7"
Alderman Wheeler: Yes"
Alderman Cooper: Il think he was"
Alderman Wheeler: Il think the entire
special committee should be here.
Alderman Copeland. d. r.: WAS he in
structed to make test case?"
The Chair: II cannot recall. Think so,
however
Just then City Attorney Edward d.
Smith and Mr.. Gamblll came into the
council chamber
Alderman Copeland. ]. r.: "At first 1
thought 1t would be working a hardship
on the city to be compelled to pay this
amount. But after hearing Chancellor
Altman, who came here yesterday from
his sick bed. | am of different opinion.
1 would like to hear from Attorney I'LL
man who represented the plaintiff"
Attorney Ullman: "At the time of the
hearing Of the case the matter did not
occur as to whom Colonel Altman was
representing. Arrest was made under an
ordinance which we contend was uncon-