The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1909-09-17

The case of Guyt McLendon, ex-
railroad commissioner who is bucking
Hon Hoke Smith and both branches of
the legislature together with Hon. Jo-
seph F. Gray, who was appointed by
Governor Brown, will be heard in Sa-
vannah on October 18th.
Judge Charlton, of the Savannah
superior court, has ordered Mr..
Gray, the newly appointed railroad
commissioner, to appear in court Octo-
Der 18th, to show cause why he should
hold his position. In the petition, filed
by Gamblers, Thomson & Hirsch, Mr..
McLendon's attorneys, the suspended
commissioner claims that he was de-
prived of his office without due process
of law, and that he should have a trial
instead of being ousted as he was. The
petition claims that the act Of 1879 was
unconstitutional, and therefore he was
suspended illegally. Mr.. McLendon,
in his petition, stated that he was elect
ed by the people, and that the gov
ernor had no right to suspend him, and
especially while the legislature was in
session. Many other statements are
made by Mr.. McLendon, setting forth
numerous reasons why he should not
have been suspended.
K x
This is, indeed, a remarkable case.
Nothing like it has ever before been
seen in Georgia politics. There are
several phases of it worthy of recount
ing.
"Guyt," McLendon was aThomasville
lawyer, and was connected with the
Plant system of railroads, now a part
Of the Atlantic Coast line. He was a
bright and companionable fellow, and
twenty odd years ago was force in
South Georgia politics. When the Plant
! system was sold, McLendon was re-
tanned in some sort of advisory capacity,
I but resigned after a time. Several
year ago he was attacked by frightful
case of rheumatism, and when he got
out again he was in a distressing plight,
but little more than a skeleton, and
drawn and twisted so that he was al
most helpless. He goes on crutches.
sits In roller chair, can barely hold a
pen, and has to be helped around as
Alexander H. Stephens was for such
long period in his life.
In spite of this physical condition,
McLendon's mind shines with singular
brightness, and his eyes flash like the
eyes of hawk.
Just prior to the campaign of 1908,
McLendon attracted attention by a Sc
ries of articles charging that the Louis
vile & Nashville railroad was planning
to parallel and wreck the Western &
Atlantic railroad. He wrote private
letters to Governor Terrell and threat
ened to run for Governor unless Terrell
should take steps to protect the State 3
property. He also, later on, became a
rooteF for the port rates idea, and, at
the instance of Hon. Hoke Smith, was
nominated for railroad commissioner,
He was hurried into the place by ap-
pointment when Hon. Joseph M. Brown
was removed.
The public will recall that in 1867
Mr.. McLendon filled the newspapers
with cards regarding the railroads, and
it is fact that he did great deal to
create the idea that spirit of hostility
to railroads was rampant in Georgia.
Immediately after the election in 1908,
however, Mr., McLendon subsidized, and
it became known that his views had un-
dergone a change. Not until few
months ago, however, did he by his
vote show that he was opposed to re-
duction of rates from the ports, and not
until the day of his dismissal did he
pronounce port rates a "gold brick. !"
The day he did so. he was fired"
The reasons given by Governor Smith
may or may not have been good reasons
in law, but as an outcome of the inves-