The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-29
OFFICERS CAUSE
BIG LOT OF WORRY
Selma Chief Has No Authority
TO Suspend Them
ATKINS HAS AN OPINION
He Will Not Place Their Names Back
on Payroll Until Council
Formal. Orders
This Done.
ATKINS HAS AN OPINION

Selma, March 2S.-(Special with the
city attorney giving 1t as his opinion that
under the charter the City Council anG
the Mayor alone have the power to sus-
pend a policeman, and with the president
of the council ruling in accordance there
with, the proceedings of investigation Of
the conduct of Officers Moseley and Davis
came to a sudden close last night at the
council chamber after a session lasting
three hours.
1t will be recalled that the Morning
Times of this city about three weeks age
had a sensational editorial in which it was
declared that half of the police force
were not worth a d-n." A rev days later
Mr.. W. r. Hamilton, correspondent OF the
Montgomery Advertiser. wrote lengthy
article giving charges made on the streets
about two members of the force. Still
later Mr.. Hamilton went to the police
department at roll call to see Officer
Smith and secure statement of the police
side of the story. While here according
to Mr.. Hamilton, Officer Moseiey threat
ened to give him dirt road ticket, and
OIlceT OuN1S SnOOk MS HnBcI at nm anu
menacingly told him he had said enough
about the police. Upon representations
made to the chief the two men were sus-
pended awaiting the action of the council.
The president of the council ruled that
the chief did not have authority to sus-
pend the men. A motion was then made
to adjourn, which was carried. and the
chief put the men back to work or rather
they went back to work, not having been
suspended according to the city attorney.
Mayor Atkins, however, thinks different
ly, and he stated publicly that he would
not place the names of the men back on
the pay roll until the council ordered 1t
done in accordance with Section SO of the
Code, and that the men might sue the city
for their salary If they wanted the courts
to test 1t. The Mayor also sought today
the advice of the law firm of Pettus and
Jeffries. and will be guided thereby.
1t appears preposterous to the average
citizen that the charter should give the
chief authority to appoint the policemen.
but not permit him to suspend them for
any cause.
Assault With Weapon.
Last night Isaac Hunter was walking
along Maxey street with his best girl
when Willie Choate came along and be-
gan guying him. The latter tormented
Hunter until ne pulleu MS tFusty piston
ard fired three times at Choates foot.
enc of the bullets taking effect in the
latter's foot. Both parties are negroes
and this morning the Mayor assessed a
fine of s45 and 80 days against Hunter.
Local and Personal.
The skating rink craze has struck Sell
ma amidships. There is one rink open
and another expects to be going We'd
resday night. Tonight a private party
of fifteen couples had possession of the
floor at the rink over the bowling alley
ard delightful evening was passed.
Mr.. e. C. Cleveland found great sur
prise awaiting him when he went homs
to dinner today, his wife having invited
a number of his friends to break bread
with Inn in honor of his birthday.
Mrs Bernard MarlSstein, who has been
on a visit to her parents returned to
her home in Admission today.