The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01

The special committee appointed to in
vestigate the Eleventh ward land deal
in which Alderman Forney was involved
reached the above verdict last night after
hearing testimony and arguments.
The points brought out were practically
identical with the statement made by
Alderman Forney through The Age-Her-
aid on the morning after he admitted
holding an option on the land in ques-
ton
The witnesses examined were Roscoe
Mcconnell. George b. Ward, mayor; H.
S. Shropshire, Jr., city clerk G. NJ. Love
joy, Alderman A. r. Causey, Alderman
j. w. Mcdonald and Alderman B. H.
Cooper.
After the testimony Jesse Stallings made
the argument for the prosecution and AL
derman Forney defended himself.
Practically all the testimony was ad-
mitted by Alderman Forney. 1t was
shown that he held the option of the
Eleventh ward property owned by f. l..
Tarrant and a Mr.. Downey; that he OBJ
tanned this option for the purpose of
selling the land to manufacturing inter-
ests; that when the city desired to make
the purchase he did not disclose the
fact that he held the option; that be-
fore the deal was concluded Mayor Ward
discovered that certain commission was
going to an alderman, who, it was de-
veloped, was Alderman Forney; that later
Mayor Ward obtained an option on the
property in behalf of the city for $16,-
900, whereas the price previously asked
was $4,000.
1t was shown, too, that Alderman F or
ney was not member of any commit
tee which considered this land deal. 1t
was further developed that the recon-
mendation that the city make the pur-
chase signed by Aldermen Forney, Causey
and Mcdonald, was not presented to a
committee. although it did reach the
hands of Alderman Heidi, chairman of
the finance committee.
Bases Argument on Code.
Attorney Stallings, in his argument for
the city, based his entire remarks on the
following sections of the code:
Sec. 1874. No alderman shall be in
terested directly or indirectly in any bus
mess, work or contract the price of which
is to be paid from the city treasury
Sec. 1897. No councilman shall be en-
titled to vote on any question in which
he has a special financial interest at
the time of voting.
Mr.. Stallings contened that Mr.. Forney
was interested in contract to be paid
for from the city treasury and that in
voting for the appointment of the COM
mittee to have the land deal in charge he
was guilty of violating the second Sec
ton quoted.
Alderman Forney contended that sec
ton 1894 does not relate to a sale of
land, declaring that the law takes cog
nizance of the fact that lands are things
which the public can see and the peo-
pie can know the price Of
He also contended that he did not
have any special financial interest in any
matter before the council because the
purchase of the land from F. 1. Tar
rant was never before the council.
In concluding his remarks Alderman
Forney stated, II meant to commit no Of
Tense"
After the conclusion of the arguments
the committee went into executive ses-
sion ana W1Inal 81 minutes reached the
above verdict.
Alderman Forney's Statement.
The following is the statement of AL
derman Forney, which gives the history
of the case:
I'm the Matter of the Land Deal Between
the City of Birmingham, Purchaser, and
Il. /. Tarrant, Vendor.
Gentlemen of the Investigating Com
mittee:-Relative to the above proposition
to know the facts of which the public
has the right, and which you have the
right to discover, because you are act
ing under the authority of the city of
Birmingham, you will please allow me to
say that on or about October l, which is
about eight weeks ago, it became my duty
to make an attempt to obtain enough
votes to override the veto of the Mayor
in the application of the Aldrich fran
chise matter. In doing this | visited the
new aldermen of the Eleventh ward, hav-
ing written them letters showing my rea-
sons for desiring the new extension. While
| was talking to Mr.. Causey in his drug