Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-07-16
N'LENDON WARNED
THAT HIS ACTION
WAS IMPROPER
Judge Hillyer Told Him Free
Passes, Dealing in Securities,
and Albany Letter Were I'm
proper for Commissioner.

ed chairman OF the commission. that GER
tain acts complained OF by former Gov
ernor Smith when he suspended the chair
man. were improper and Illegal
The acts in question were: Mr. McLen-
don's letter 20 the Albany Board OF Trade.
in which he argued why certain rates
from the west should be increased; his
opiuion that the Gambler act removed the
fIlexaIity OF a commissioner holding rail-
road stock; his acceptance Of free trans
portation over the Atlanta and West
Point railroad for purposes Of inspec>
ton
Political lines were drawn at Wednes-
kay's session. Representative Wright, in
his debate on Governor Smiths attitude.
spoke Of the 'other side" This brought
A reioinder from Senator Slater that Mr..
Wright was so welded 10 his side that
all he'll couldn't tear him loose" De-
bate was then suspended.
The McLendon investigation by the join
committee OF the senate and house open
ed Wednesday with an explanation by
Commissioner Hill OF statement he made
Tuesday. in which he said the commits
sion had not notified the roads Of re-
hearing on an order reducing passenger
rates.
Mr.. Hin said the roads representatives
appeared before the commission on Au-
They were granted this rehearing on Au-
gust u. and in that sense they were no
tiled. although no written notice was
served.
Mr. McElreath asked for the record on
the W. H Terrell petition for reduced
street car fare In Atlanta Mr.. Hill, re-
plviux to Mr. McLendon, said that so
lar as he knew no one besides Mr. Ter
rel appeared before the commission to ask
for six fares for a quarter. Mr.. McEl-
reath wanted TO know why this decision
was postponed from February, 1905. until
July %. Mr.. McLendon went into the case
..historlcaIly." He directed his questions
and called for correspondence in an enort'
apparently. to show that the postpone
uent 10 July was necessary. to allow the
commission an opportunity TO get infor-'
nation on street car fares, and not 70
wait on the result OF the gubernatorial
urinary. in June. although the primary
was not mentioned
A TENTATIVE" DENIAL
A further question from Mr.. McElreath
brought from Mr. Hill the information
that a tentative" denial Of the petition
was agreed on in February. 1865.
Il want TO know II this order on July
20 was a rebuke TO the governor for a
speech he made on May 81 asked Mr..
McEireath-
Mr. Hiu replied that this was certainly
not his Intention. and nothing of this kind
was said in the commission Governor
Smiths speech In question was his plea
for n reduction in street car fares. Mr..
NrEtreath read from q communication OF
Mr.. McLendcn's TO the legislature anent
the commissions decision denying the re-
d,,ction. and his hope that this would
.sruwEeSt TO tile governor dinerent
method OF dealing with the commission.
Mr.. HIII said that he had heard MI
~EzW Gov NFNW
Suaith's speeches for reduced fares IN
frinKed on the commission He added thar
other petitions on similar lines had been
denied. Mr.. Hill was excused.
nrDGE HILLYER called.
Judge George Hillyer was called An
sverfng Mr.. Anderson, Judge Hiilyer
said that he could not recall any
thing specific in Mr.. McLendon's attitude
n. the western rate matter that violated
ats oath OF once. Judge HnIyer brought
out the fact that on the final vote to
resist the proposed increase OF rates.
three voted In the Affirmative. but that
the other two did not vote
Il saw nothing overt in Mr.. McLen-
don's attitude. He was rather negative
passive"
The matter OF Mr.. McLendon accept
ing free transportation on the A. and
W. P. then came up. He was aware that
this trim was contemplated He indica-
ted his unwillingness to so. but was call
ed from the commissions office before ne
had an opportunity to protest 10 Mr.. Nc
Iendon about the propriety of such a trip.
He returned later to see him. but Mr..
McLendOn was out
Later. however. wrote Mr.. McLendon
telling him I could not go on the trip
and also expressed my disapproyal OF ac-
certing the transportation
Judge HiTyer read this letter. In which
he said that he was confirmed In his opin-
ton that he as a commissioner snould no'
accent free transportation for such q
trip He couldn't recall that Messrs. Hiil
and Galloway did not 20.
Mr. Anderson wanted to know whether
IN was a commissioners duty TO follow
a political platform, OF his oath OF once
There was debate on the admissibility OF
this question. II was finally admitted
hut Mr. Anderson asked the witness
vrhether the people since the port rate
decision. had not rescinded the action o.
the Macon convention
In answer TO the first question about
a commissioners oath versus platform,
Judge HIIlyer replied that he would vote
from conviction In reply to the second
ouestion. he recalled the Atlanta con.
vention-
HIS ATTITUDE NEGATIVE
He said he saw nothing IN McLenoon
attitude that indicated he was dishonest
His manner. however. was ''pard" al
times. notably in his reception OF certain
commerce shippers. He considered thai
Mr.. McLendon's attitude in the increase
OF western rates inclined toward granting
the Increase He couldn't recOllect that
McLendon gave counsel any assistance In
it's fight against the increase Of rates
unless Il might have been a published
pamphlet on rates.
Mr. Sheppard asked whether thii
pamphlet was not composed OF figures
upon which the railroads based their ap-
peal for Increased rates. He was not
sure. however. what this pamphlet con
tanned.
Judge HIllyer said that he told Mr.
McLendon he didn't approve OF his letter
TO the Albany board OF trade. I'm which
McLendon showed why railroad rate:
from the west should be increased He
thought these opinions should have beer
kept TO himself.
SHOULD BE WITHHELD.
IF you want my own opinion" the
witness added. II think such opinions
should be withheld until the case can bs
heard"
The A p. Morgan grain case was
brought up Judge Hiilyer said that he