The Birmingham age-herald., 1905-07-15
MAJORITY ISSUES
 FULL STATEMENT Commissioners Set Forth Their Reason for Not Investigating QUESTION OF LEGAL RIGHT Lee c. Bradley Advised Majority Not to Go Into Investigation of
 Charges Against
 Phillips.
OF LEGAL RIGHT

Eugene Fies, representing the majority of the Police Commission in it's action at the recent meeting regarding Mayor Wards charges against Commissioner Phillips in connection with the Rabbit Foot' saloon. yesterday gave out the fol- lowing statement. and also the opinion rendered by Attorney Lee C.. Bradley. relative to their action:
 "To the Public.
 In view of the strictures in the press and by prominent citizens in respect to the action of the Police Commission in declining to investigate the charges against Commissioner Phillips, we, the members of the commission, who voted in favor of the resolution adopted by the commission, desire to make the following statement:
 "We were informed that counsel would appear before the commission to proset cute the charges against Commissioner Phillips and that he would have counsel to represent him. The question present. ed was the first of it's kind in the history O. the commission and presented a ques- tlon of law that we did not feel compe-
  Lee c. Bradley, Esq. as our attorney at our own expense to advise us, procured his opinion and acted on his advice. The letter of our attorney is hereto attached. ''We feel individually that the charges against Commissioner Phillips should De thoroughly investigated by some tribunal that has the legal authority to make legal investigation and that If he IS guilty, he should receive the full penalty of the law But, in the discharge of our official duties, we are bound by our oaths of office, and will not knowingly transcend the powers conferred on us py law Respectfully.
 "THoMAs r. PARKER.
 SID B. JONES,
 "DAN DONAHUE,
 ''EUGENE FEES"
 The letter of Attorney Bradley is as fol- lows:
 BradIey's Letter.
 'Birmingham, Ala, July IA, lO9o "Mr Thomas F. Parker, Chairman or fo- lice Commission, City.
 Dear Sir-Prior to the needing or the Police Commission recently held at whleh the commission declined to hear ana ln- vestigate the charges preferred py Mayol Ward against Commissioner Phlihps' you and Commissioner Flies asked me 10 in- vestigate the duty and power or the com,
 
 to appear and advise the conihiissioi ii open meeting of my opinion.
 "T thereupon examined the several acts of the legislature creating the coniHis- sion and defining it's powers ana uu'ies, and advised you that the commissiot, II, my opinion, had no power to near ama investigate charges against one ol @ ,r,a ,,,oa,hars and no power to discipline or remove one of It's members. was una ble to attend the meeting on account ol a conflicting prior engagement on support of the opinion expresseu +o VOL and Commissioner Fies' desire to say that the several acts or the iesis- Iature. creating and defining the powers of the commission confer apsoiu'ey i power and impose no onl,gs , iH nharges to hearing or investigating cnarses against one of it's own members, anu thet any effort on your part 10 uo so would he uslrpation of authority ho' oonferred by law The commission mas m jurisdiction or power in such ilia. ma. ters It could not legally summon "' nesses against or in behalf or the o ,,. missioner charged; It couiu lo' i,aii, administer paths and 1t could not iesais ,nai,a any order or take any action wha.- soayer thereto The commission Wouio' in short have no power or au,hoii.s +hon an edual number Of prlVale GU izens assembled for similar puiposs, ..I may add that none put iesisiae bodies ordinarily have the power 10 in- yestigate charges against or discil me ar remove their own members. ouen nowers are ordinarily conferred on tne annojnting power, the courts and m par t,cnlar cases. on the senate. IT, Tor nus, tration, the governor of Alabama should present to the supreme court Of Alabama charges against one of it's Justices' .ne court would decline to hear or conslder tbem for want of jurisdiction. commis- sioner Phillips holds his office, by virtue of election by the people, in equal rlgnt with every other member or the a, oo,n niAion. subject to the penalties provsoeu bv law, to be imposed by law; put II ne ahould voluntarily appear ana auiiis his puilt. the commission would then nave been without power either 10 reniove UT otherwise punish him, or to take any as lion whatsoever in regard to ms puhish- n,ent or removal howsoeyer much the oembers of the commission as inuiv,u- .'' ,,als might have desired to protect .ho ,.teoritv of the commission. yours truiy in'eei''s VI LEE c. BRADLEY"
 Statement of Smith.
 c,tv Attorney Ed Smith yesterday ar