The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-01
Commission SUSTAINS
INSTRUMENTATION CHARGE
officers Ordered Not To Obey Mayor,
But To Take Instructions Solely
from Commission-Hot In
structions Issued.

iahu' Ci1dIIHdH, IoHl Idfher, LucleH
Brown, w. R. Gavock, B. B. Martin,
F. B. Yielding, Sid Jones.
What they did last night. Sustained
the charges of characterization against
Chief w. e. Wier and dismissed him
from the force; sustained the same
charges against Captain J. S. Johnson
and reduced him to ranks; elected Geo
Bodeker chief of police, Martin Eagan,
captain, Tom Hagood, first lieutenant
j. S. Johnson, second lieutenant, Tom
Williams and w. H. Baker, detectives.
New. Office. Old
Geo. H. Bodeker. chief Nv E. Wier
Martin Eagan. captain. u. s. johnson
Tom Hagood.. first lieut.. Martin Eagan
j. S. Johnson. second lieut.. Tom Hagood
Tom Williams. detective. Geo. H. Bodeker
w. II. Baker. detective. .Robt. H. Patton
w. e. Murphy detective. w. e. Murphy
Chief Bodeker's Statement.
George Bodeker: II understand that
have been elected to the position of chief
of police. 1t comes unsolicited by either
myself or friends. I accept the office
and intend to enforce the rules of the
commission, the laws of the state and
CITY,"
Former Chief Wier's Statement.
w. E. Wier: IT was not guilty of in
subordination as 1 merely enforced the
laws as they were on the statute books
until they were declared unconstitutional
feel that 1 have been mistreated in
being removed from the office to which
I was elected by the people. l have al
ways endeavored to perform my duty to
the best of my ability. l intend to stand
for reelection in the September election
to fill out my unexpired term
Captain Johnson: 81 accept the action
of the commission, of course. There is
nothing else for me to do
Turns Things Upside Down.
The police commission, all present,
turned the police department upside
down last night. The slate which was
currently reported beforehand, went
through without hitch. Chief Wier was
discharged by a typewriter, previously
prepared resolution, and a very warm
address to the police department brought
forth the fact that the chief had suf-
fered from his actions at the famous
turbulent meeting of the city council in
which John l.. Parker was forcibly
elected from the chamber. The commits
sion declares that in future the chief
shall take no orders from the mayor and
further states that the office of chief has
hitherto been used in "furtherance of the
insatiate desire for power and political
ambition of Mayor Ward.
Commission Calls on Wier.
After the charges had been read as
presented at the last meeting of the
commission, Chairman Copeland asked
that the commission hear from Chief
Wier.
Attorney ]. NJ. Caldwell said, "I am
here to represent Chief Wier, and he is
not guilty. We are ready to meet the
proper construction of the charges, and
L will say that under the laws then ex-
listing he extended to this commission
all the courtesies that were in his
power"
After some preliminary talk, in which
Chairman Copeland announced that he
would be represented by Attorney Felix
Blackburn and it was decided to do away
Mr.. Wier was<placed on the stand. At
torney Blackburn then read all the cor.
respondence which passed between Chief
Wier and Chirman Copeland which has
been previously printed.
Chief Wier then admitted that he took
oath under the new commission, ordered
the force to do so and declined to recog-
nize the old commission, on the advice
of the city attorney. Attorney Black
hwy ri n6 70 hot hsac or vi
from other counsel, but the defendant
steadily maintained that he only talked
in a conversational way with Judge Gas
ton and had 'received no other legal opin-
ion. He said he did not lay the mat
ter before the Mayor.
Parker Asks Questions.
Commissioner Parker. Chief Wier, on
the night of the last meeting which you
attended, didn't you voluntarily tell this
commission that you would stay with
them until the courts decided otherwise?'
The chief replied that he said some
thing of the kind. but also said that in
case of a conflict of orders he would
appeal to the city attorney Parker
kept insisting upon an affirmative, call
ing attention to the fact that he said:
Boys we.se up against it, and l want
to go down the line, for If we are right
we want to remain in office"
Continuing he asked: Chief, isn't 1t
fact that repeatedly you have accepted
orders from the Mayor over the protest
of the commission"
The chief replied NO"
Attorney Caldwell then read the letters
of Attorney Smith, on which Wier based
his action, and ELECTED answers from
the chief to the effect that he was elected
last May and that he had acted in good
faith to everyone.
Parker: Suppose the city attorney
should give you the same advice next
week that he gave you before, would you
follow it?" I
Wier: "If it was on a question l did
not understand 1 would accept his adj
vice" Il
Blackburn then put questions, insisting
that the primary was only nomination
and not an election, and that the COM
mission really elected the chief, to all of
which the defendant agreed
Parker: Gould you have performed the
duties of chief of police If this commits
sion had not elected your"
Wier: mo, except they were bound by
party pledge, which am informed each
one took. to abide by the result of the
primary"
Parker: 'Ill say right here that I did
fal MI Of