The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-07-12
Charges Of IntimidaHng Police
man Not TO be Investigated
BY Police Commission
CHARGES NOT DISMISSED
50 THEY STILL STAND
Brown and Warren Voted to Invest
gate and Parker, Jones, Flies and
Donohls Voted Against In
vestie7taion--Leeal Fight.

The Police Commission by a vote of to
last night declined to investigate the
charges preferred by Mayor Ward against
Commissioner George G. Phillips. The
charges being that he intimidated police
men at the RABBIT Foot saloon, of
which he is a part owner.
Those voting to proceed with the inyesti-
cations were Commissioners Brown and
Warren and those voting not to investi-
gate the charges were Chairman Parker
Commissioners Flies, Jones and Donehue.
The vote was taken in executive session
after the commission had heard argu-
ments by attorneys on both sides rel
alive to the right of the commission to
proceed with the investigation.
When the commission returned to the
council chamber, where the meeting was
held last night on account of the large
crowd of witnesses and spectators, the
following resolution was read by the Sec
rotary, Commissioner Jones:
"Whereas. the commission has no
LEGAL authority to investigate the
charges preferred by Mayor Ward
AGAINST Commissioner Phillips nor to
discipline, punish or remove him, ano'
"Whereas, the public welfare re-
ouires the members of the police COM
mission in the performance OF their
official duties to be above suspicion
and reproach; therefore, be it
"ResoIved, That Mayor Ward be re-
ouested to ascertain the legal procedure
required an take such steps as the
law provides for remedyng the grlev-
ance and call on any or all of the po-
lice commissioners at any time TOT
their hearty cooperation IN any I'M
parchment proceedings"
The resolution was introduced by Com
missioner Flies and seconded by Commits
sioner Donohue,
Executive Session.
The. executive session followed what
was practically test vote. Commissioner
Donohue moved that the commission go
into executive session to consider whether
or not it had the right to go into an
investigation of the charges. The motion
was seconded by Commissioner t1es.
Commissioner Brown moved as a supsti-
tute that the commissioner proceed inn
mediately into an investigation OF the
matter. The substitute was seconded by
Commissioner Warren, and lost by vote
of four to two. The original motion then
nrevailed that the commission go into ex-
ecutiye session, all the commissioners
voting for it.
The action of the commission followed
an interesting session attended by the
largest crowd that has been present at a
meeting in four or five years. The coun-
ell chamber was well filled with wit
nesses and spectators, who showed great
interest in the proceedings
Discussions as to the right of the COM
mission to enter into an investigation
was taken up by Attorney Frank S.
White, representing Mayor Ward, City
ATTORNEY Edward D. Smith, representing
the city, and Attorneys CASTOR and Cur
tbs for Commissioners Phillips.
Against the Investigation.
When the matter was presented to the
commission Commissioner Brown moved
once, and the motion was second. At
torney Curtis spoke against the inves-
tigation, or rather spoke against the right
of the commission to try any member.
He said that the only proceedings which
could take place were impeachment pro-
ceedings.
The attorney brought out the fact that
the commission could not take any ac-
ton further than pass resolution, and
that it could not dismiss Commissioner
Phillips, reprimand him or take any other
action regarding the commissioner right
to hold his office.
In reply, City Attorney Smith brought
out the fact that the matter before the
commission was not Impeachment pro-
ceedings, but the right of the commits
sion to investigate the conduct of any
of its members. He said that any body,
such as the commission, or committee
had a right to investigate and adopt
resolutions finding the member against
whom charges were preferred guilty or