The Birmingham age-herald., 1909-06-27
M'LENDON CASE
 IN LEG|SLAZUR Many Believe That Commits SiOner Will Regain Office COMPLAINT OF GOVERNOR Hoke Smith Has Declared That Mc- Lendon Departed From the Plat form Upon Which the Party
 Elected Him.
COMPLAINT OF GOVERNOR

Atlanta, June 26.-(speclal.) )-Absorbing interest now centers in what the legisla- ture Is going to do with Chairman s. G. McLendon of the railroad commission, fol- lowing his suspension from office by Gov. Hoke Smith who, himself, went out of office today.
 Evena the friends of Governor Smith think that the legislature will, perhaps, sustain Chairman McLendon, though some of them profess to believe that the rail road commissioner will have a narrow escape In the house of representatives. if not in both bodies.
 The most generally accepted opinion Is. however. that both houses will give Chair man McLendon a majority, retaining him in the office of railroad commissioner.
 Generally speaking 1t looks as If the two houses were going to be pretty well di- vided along partisan lines. Governor Smiths friends voting to oust the chair man and his opponents to retain him in office. There are some members, how ever, who may get above the partisan aspects of the case, though whichever way they vote they cannot get above the sus- picion of 1t.
 The matter will go to Joint commit tee of both houses to investigate the al- legations contained in Governor Smiths message and report simply the evidence to-both bodies It is not contemplated that the committee shall make any recom- mendation as to legislative action. Thus each member of the general assembly will be left with free mind-so it is said-to put his own construction upon the evi- dence and vote accordingly.
 As much as they may try to get away. from it. the situation is going to present pretty much of partisan lineup through out.
 It is said caucuses of members of the general assembly have been held on both sides of the question, and one report has 1t that quite a number of members went to Governor Smiths house the night his action was taken to talk over the situation from this standpoint.
 The governors chief ground of com plaint against Chairman McLendon Is that he got off the Macon platform upon which he was nominated Whether off or on, Chairman McLendon says he is now acting under oath as an official of the state and is compelled to perform his duty as he sees it, regardless of plat forms. Besides he says the Atlanta plat form has been adopted since the Macon platform, and has recalled some of the things prescribed in the Macon docu- ment.
 Chairman McLendon says he Is fully ready to- make reply, and is eager for a hearing before the general assembly. He is anxious to get it and be over with it as quickly as possible, considering that he has right to have the matter speed fly disposed of.
 Governor Smith evidently did not intend to suspend Chairman McLendon until just two or three days before his term expired. When it was suggestd to him couple of months ago that in view of the chairman's alleged adverse attitude to port rates and other rate reductions, he, the governor might follow the same course he pursued in the case of Commissioner Brown, he replied: My answer to that is I don't care to make another incom- potent man governor"
 Evidently he thought better of 1t, con sdering perhaps, that in view of the fact that Chairman McLendon had com mitted precisely similar offenses to those of Commissioner Brown, to be consistent, he would have to suspend him.
 The situation has produced considerable amusement all over the state, though in legislative circles it Is viewed in its serious aspects.
 The legislative investigation will de- termine how far governor has authority to suspend a railroad commissioner who differs with the executive policy, for that is really what it amounts to.
 And since Chairman McLendons case is similar to that of Commissioner Brown, the legislative decision will, to certain extent, be a decision in the Brown case