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

you that John l.. Parker was president
of the council and for you not to inter-
fere as you did in the council chamber"
The chief replied that he did not ask
the city attorney for an opinion.
Caldwell Argues for Wier.
There was no other witness placed on
the stand. Judge Caldwell opened his
argument by saying: "I only want to eX-
plain the spirit which actuated public
officer in the discharge of his duties. L
do not know anything to say that would
change the status of the case in the
minds of the commissioners, but in order
that the people who elected him to office
may know l want to defend his action in
enforcing the laws as they were passed."
The bulk of his argument was to the
effect that if the commission dismissed
Chief Wier they would do nothing more
than condemn an action which they would
have done themselves. He said that when
the difference came up they did not for
chilly attempt to do anything, but them
selves appealed to the supreme court,
that they did not constitute themselves a
supreme court and decide the case, but
carried it to the court of last appeal. In
closing he spoke of the record of the
chief In having discharged his duties
faithfully and we'll 1t seems to me that
he ought not to be deprived of his office
on such a fiimsy excuse as that"
Blackburn for Commission.
Attorney Blackburn argued that the
charges had been made and clearly
proven. Il see nothing in the letter from
Ed Smith which would have prevented
Wier from saying to Mayor Ward: You
install yourselves and then l will recog-
nize you. Obtain the books and records
of the department in a legal and orderly
way before setting yourselves up 4
When the very friend whom You
elected turns to them | can imagine no
greater case of INSTRUMENTATION. If he
had done his duty we would not have
seen the force demoralized. We would
not have seen the Mayor use the chief
to throw John l.. Parker from the coun-
ell chamber Such an outrageous per-
Torrance has never been perpetrated in
any civilized country. 1t is just ques-
ton whether you are going to suspend,
reprimand or discharge the chief for
such fagrant INSTRUMENTATION.
did the chief, or any officer of this de-
partment go to Montgomery to raise a
finger to protect you from being legis-
lated out of the office to which you were
elected by the people? And yet, they say
that this man should be retained because
he was elected by the people. The peo-
pies vote was nothing more than a rec
Johnson's Case Taken Up.
The case of Chief Wier was then
closed and similar charges read against
Captain Johnson. When asked If he was
guilty, Captain Johnson replied: Eyes, I
guess so. L have been on the police force
twenty years. You elected me and you
have the power to do as you WISH
The case of Officer Jones was called,
but passed until the next meeting on the
ground that Mr.. Jones did not appear in
full uniform.
At this point Commissioner Lucien
Brown asked if the entire police force
was not guilty of INSTRUMENTATION. since
it took the same oath of office and there
by refused to recognize the old commits
sion. Chairman Copeland stated that in
his opinion they did not, but he would
entertain any charges that might be
made against them. At this point the
commission went into executive session,
and after a half hour returned. Secre-
tary Jones announced that the following
resolution had been introduced by Com
missioner Tom Parker and passed.;
Resolved, by the board of police COM
missioners of the city of Birmingham,
That the charges heretofore filed against
Chief w. E. Wier as chief of police of
the city of Birmingham be sustained and
that the said w e. Wier be and is
specifications embodied in said charges.
Resolved, further. That the said W. E.
Wer be and is hereby removed from the
office of chief of police of the city of
Birmingham, and he is hereby dismissed
from the services of said city,
Lucien Brown, who with r. P. Yielding
opposed the resolution, the vote being
five to seven insisted that it be noted in
the minutes that the resolution presented
by Mr.. Parker was typewriter previous
to the hearing of the case. Mr. Parker
stated that he drew the resolution, in
tending to present 1t If the evidence was
such as to prove convicting. My mind
was pretty well made up before I came
here" he said.
Other Officers Tried.
Secretary Jones then read the finding
in the case of Captain Johnson, sustain
ing the charges, and reducing him to the
ranks.
<The commission then entered into the
election of a chief Lucien Brown nomi-
mated Bodeker. Jones seconded. 1t car
ried unanimously.
Election of captain came next. Yielding
nominated johnson. Brown seconded
McGavock nominated Eagan. Parker