The Birmingham age-herald., 1907-10-08
Burnett Charges May Be Filed
 This Morning
O'NEILL WAS NOT PRESENT
Committee Will Go nton Bituithic Charges First and This lnves- tiqation May Consume
 Several Days.


 Bitulithic company.
 The committee on Alderman Burnett met in the large convention hall on the third foor completed it's organization. elected W. P. G. Harding to take the place of George Whatley. on account of Burnetts objections. adopted rules of pro- cedure, calling for the charges and names of witnesses to be given to the defen- dants attorneys. and adjourned to meet tonight at 7:3O o'clock.
 The ONeill- -Bitulithic committee was | called to order in the present council chamber by Chairman Estes, with these present: Aldermen Heidt and Hogan, James Bowron and ]. l.. Yancey. George Griffin sent word that he could not serve and George Whatley was elected to his place.
 Will Meet Again Today. As Mir. Whatley was not present the committee adjourned to meet today at 10 a. m. for the purpose of organizing. A. J. Riley appeared for John w. ONeill and stated that MT. O'Neill was con fined to his home and asked that his part of the investigation be postponed until
 
 him that they would consider the request later and notify Mr. o'Nell.
 This committee will first go into the accounts and records of the Bitulithic company which will take considerable time John Donelson represented the paving company, and stated that Pres ident Ingram was ready to furnish them with all their books
 Burnett Committee Meets.
 The Burnett investigation committee met in the old council chamber and was presided over by Chairman E. H. Cooper, all of the members appointed be- ing present with the exception of George Whatley. The members of the commit tee are: B. H. Cooper, chairman; D. R. Copeland and M. J. Kerr; citizens, R. II. Kerr, R. H. Pearson and w. P. G. Hard ing. who was appointed in MT. What leys place. J. P. Tillman appeared as counsel for MT. Burnett and John Pugh as counsel for Mayor Ward.
 Immediately after calling the meeting the order the letter of Mayor Ward to l the Mayor and Board of Aldermen, and resolution passed at their last meeting relative to the investigation of MT Bur netts character were read
 Chairman Cooper then read a letter from MT. Kerr, in which he stated that l he had drawn up a petition in involun- tary bankruptcy against small concern of which the R. D. Burnett Cigar com pany was one of the petitioners. 1t also stated that he did not know Mr. Burnett and he doubted if MT. Burnett knew if his company had had any dealings with him at all. For this reason Mr. Kerr did not know whether 1t would be alto | gether proper for him to serve on the committee. The committee decided, how | ever, that he was fully eligible. It de- l veloped that Mir Burnett and MT. Kerr are not acquainted with each other at all.
 MT. Harding also stated that the First National bank of which he Is president, was the depository of the R. D. Burnett | Cigar company, and wanted to know II he was eligible The committee decided he was
 MT. Tillman requested that as the in- situations against Mir. Burnett had been made public that the investigation be made equally as public, which the com mittee unanimously agreed to do.
 Decide on Procedure. The question Ol the nOue or procedure was taken up, and after some talking a l committee of three, composed of Messrs. Kerr Copeland and Pierson, together with | Attorneys Pugh and Tillman were ap- | pointed to draw up a resolution provid- | ing for this.
 MT Tillman stated that he also wished specific charges to be made; that so far it had been mere inuendo, and that this 1 was not fair to his client. Continuing, il had a,tata .l 1 he wished the private life of MT. Bur nett investigated, but that he did not l think this was the way Mayor Ward 1 had intended 1t; that the investigation 1 must refer to his conduct while in office and that the charges should be named. Tt is not right to go back and inquire into his private life unless it is such l as disqualfies him from sitting in the | council" said MT. Tillman.
 A recess of 90 minutes was then taken. | during which time the subcommittee 1 drew up the following resolution, which was unanimously adopted:
 T. That the committee conform as 1 nearly as possible in this investigation | to the rules of procedure and evidence as administered by the circuit court
 "2 That the charge or charges shall be stcted specifically. and the same be signed b. the party or parties making the charges. and shall be filed 24 hours before the ~hext meeting of the committee and l a copy of same shall be furnished the ! defendant or his attorney who shall have | not over two days in which to answer | same. That the investigation shall be | confined to the official conduct of de- l fendant aldermen.
 Rules of Procedure and Evidence. That the witnesses for the prosecu- tion and the defense shall be called by the chairman of the committee. and sworn by some person having authority to ad- | minister oaths. The investigation shall then proceed by the examination of wit nesses in support of the charges and next by the defense. whose testimony | shall be taken down by a stenographer and be signed by the witness to his own | testimony, and all of the testimony so taken shall be returned to the Board of Aldermen, with the findings of this committed.
 That both prosecution and defense may be represented by counsel before the committee"
 Attorney Pugh was then instructed to | furnish a copy of the charges and names of witnesses to Mir Tillman. MT. Pugi stated that he thought he could do so by noon today, and MT. Tillman stated tha 1 he would be ready to go on with the investigation tonight if he received a cop, of the specific charges by that time.
 It was decided to hold the ressions O the committee during the evening, be- ginning at 7:30 o'clock. and they will be open to the public. In case Mir Burnett does not receive 4 copy of the charges