The Birmingham age-herald., 1905-12-13
OFFICER BENNETT
 GETS REPR|MAND Police Commission Investigated Owens Killing Last Night MARTIN IS COMMISSIONER Request of Mayor Ward That Police Power Be Conferred Upon Fire
 Inspector Austin Is Passed
 Over for investigation.
MARTIN IS COMMISSIONER


 The charges against Patrolman Walter R. Bennett for killing L. E. Owens were sustained by the police commission at an investigation in executive session last night The officer was disciplined by reprimand from Chairman Parker of the commission and a reprimand by Chief of Police wier. Owens was killed In the Dude saloon in November.
 The case was called in open meeting and the charges against the officer were read.
 Policeman Bennett put no witnesses on the stand and declined to make state- ment himself. He only said that qhe was
 willing to submit his defense on the evi- dence of the state witnesses made be- fore Justice Abernathy In the preliminary
 hearing.
 Before the case was taken up Chair man Parker notified the commission that Policeman Bennett had made a request for an investigation and had referred to the several postponements. due to a lack
  put back on the force after these post ponements, by Chairman Parker. though suspended by Chief Wler. pending an | investigation of the charges. Chairman Parker explained that he had ordered Bennett back on the force for the req son that the officer had asked for an | investigation and could not secure 1t, due | to the absence of commissioners from the meetings. MT. Parker also said that | the grand jury at the last session had
 not passed upon the accusation against
 the officer.
 Investigation of the charges against Officer Brown was continued, on account of the patrolman's absence from the | city.
 | The petition of Policeman Fully to be allowed pay during his absence from
 the force was read. It was shown that the officer had been injured in the dis
 charge of his duty. The board adopted a resolution asking the board of aldermen to allow him salary for the period stated, November 1 to date.
 Patrolman Oldham, charged with CUTS | ing F. D. Stewart, whom he arrested, was eu. ent persons and the testimony of the officer and one other person. the com
 mission decided to argue the case in | executive session with the result that
 the charges against Policeman Oldham
 were sustained and the chief was in- structed to administer a reprimand. Mayor Wards Communication. Max | Ward, wherein the Mayor asked that | the board adopt resolution conferring
 police powers on c. w. Austin, fire in-
 spector, elected at the last meeting of | the council Immediately after the read
 ing of the communication Chairman Par
 ker vacated the chair and called Com l missioner Fies to preside. | Mir Parker said that he was opposed to | conferring police powers upon repre- sentative of the Southeastern Tariff as- sociation. "If," said the chairman, MT. Austin is an employe of the city ana receives compensation from the city for his labor, police powers should be con ferred upon him. On the contrary, II he Is the sole representative of the South eastern Tariff association, l am opposed to empowering him with police authority He said that he was of the opinion that the association had enough privileges at present.
 Chairman Parker said the question was an important one. During the past lew days that he had heard people discussine the matter, and among them TWO well
 known lawyers, though no names were
 mentioned MT. Parker told the commis- sioners that he was not against the Mayor. He thought that the requests or | tbe Mayor. as a rule should be granted, | but in this instance he thought that If | Mir Austin was not a city employee and | did not receive pay from the clty, the | mower asked to be conferred should not | be granted. As a result resolution was passed
 unanimously passing the question over for Investigation
 this matter at once and give 1t the right ful consideration it deserves" said Chair man Parker. s
 The report of the chief of police for | the month of November was read ana | ordered filed.
 | Action on the resignations or Poiice-
 men Waldrop and Richardson was de- | ferred.
 Martin Commissioner. A list or appHcdhls ioi po'l - supernumeraries, was read by secretary Iones which caused Commissioner Brown
 to ask if any of the applicants, were
 present
 of any man desires to get on the rorce, he should be present. said MT. bro"h. q am from Missouri and want 10 see
 what kind of men l am voting TOT 10 place on the force.
 The election resulted in the selection of T. F.. Strict and w. M. Burge as super numeraries.
 The resignation of Edward Warren, Jr,, as A member of the board was read' oh motion of Commissioner Donohue the resignation was accepted with regret ana | resolution to such effect was ordered placed on the minutes.
 R R Martin was unanimously elected as the successor to MT. Warren. Chalr- man Parker stated that at one time Hal
 | Copeland was a candidate put nao | requested that his name not be placed De- | fore the meeting, as if elected, he could not serve on account of business engage ments. Commissioners Fies and Donohue were | annolnted a committee to present MT | Martin before the commission and intro duce him to his colleagues. Chairman Parker at this juncture an | rounced that the board would go into executive session and the room was cleared of all persons. except the com
 missioners and the chief of police. After a session lasting thirty or more minutes the doors of the room were open | ed and the findings as already stated were made known.