Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-08-27

Gamblers, Thomson & Hirsch, For
ner Commissioners Leading
Counsel, Assisted by Former
Justices Lamar, Cobb, Little.


TEree former supreme court justices.
nlends for many years OF S GuytOn Nc
tendon. ousted chairman OF the railroad
-omnnfssiou. met Monday in the law Of
sees OF Gamblers, Thomson & Hirsch.
NJ McIendon's leading counsel and
here outlined the quo ware uto proceed
rss which they win bring in an effort
ID restore AIr. McLendOn's position 10
SIM.
The former supreme court justices, who
All act as advisers with Candl 5. Thorn
zen & HirSch. are Judge Joseph Lamar.
N Augusta: Judge Andrew J. Cobb, OF
athens. and Judge Augustus Little, OF
1oiumbus-
These eminent lawyers and jurists. it
s understood. will accept no fees tor
heir services as associates of leading
sounsel. Er -.
QUO warrahgo means literalfys by what
sieft.~ and under this general head spe-
.ifIcs aIIegarinus win be made What
.hese allegations are will not be, outlined
n advance OF their presentation one
&fn Be that the proper course. II any.
e.o,,l6 have been 10 institute IMPEACHMENT
oNoceedinEx against Mr.. McLendon. The
.lairn will be made that Mr.. McLendon
wn~ deprived OF his office without due
process OF law. a man havIng~a property
right N his ofice.
4 win Be one Of the most interesting
cases ever fought IN a state court, and
= has neen indicated that counsel for Mr..
wcLendon. In the event OF losing in the
over court would appeal to the federal
courts. t-
Mr. NcLendon was appointed by former
rowernor smith. who was elected on.a re-
form platform. which included the 'regu-
latIon OF raflrcad rates, with special ref
srence 20 the port rate. Nh MeLendon
being generally supposed TO favor the re-
duced port rate
subsequently. however. and particularly
about the time OF the last primary. when
Governor Brown was nominated, Mr.. Nc
T.erdon changed his views. and when the
port rate finally came Up. for hearing
he voted against its reduction
Governor Smith. just before he retired.
suspended the chairman. and doing so
communicated his reasons TO the legisla-
ture. These reasons. generally speaking.
we're that the suspended chairman had
failed IN bis duty and his promises.
ASSEMBLY INVESTIGATES.
Joint investigating committee. COM
nnsed OF members OF TIE senate and
house. was appointed to investigate form
r. Governor Smiths charges The COM
nrfftee sat for several days. and heard ex-
: haustixe Testimony on every issue OF the
case. TX developed during this investiga-
lion. on the confession OF Mr.. McLendOn
tIsimself. that IN his Official position OF
chairman OF the commission. he had &C
cepted a commission. amounting in all to
shout Hoe on the sale OF bonds OF the
athens Street Railway company. which
he had sold through the Central Bank and
Trust corporation
The investigating committee then re-
sorted the evidence IL had taken 10 the
ezislafure In tao sections. one of-which
'elafed 20 the governors charges. the 9th
s % the bond deal
There then began a fight between those
rho considered that the evidence affect
&c Hoks Smiths charges should be ig-
2orcc. and only impeachment proceedings.
sffecting the bond issue. be brought, and
hose who favored sustaining the gov
irnor and ignoring Impeachment proceed
HoKE sMLTH SUSTAINED.
TIE latter finally won. and Hoke Smith
ras sustained CuriOusly enough. those.
with a few exceptions. who favored i'm
oeachment proceedings. were friends o.
Afr McLendon's. IL was said that they
where tvo-thirds vote OF the assembly
Eas required 10 convict. than where only
4 majority was necessary, as was the
.aSe where Governor Smiths charges
rere concerned ~--
Motions then to impeach, to sustain the
rovernor. and not TO sustain him. were
, put. Former Governor Smith won out
He had explained previously that he.
lad heard rumors that Mr.. McLendOn
sad accepted commissions on the sale OF
bonds. but had never been able to con-
srm them For this reason. he said. he
rad omitted the charge from his mes
age
Al that time The Journal announced
hat Mr. NcLendon would bring quo war
Fanto proceedings TO retain his position.
and mention was made OF the fact that
Mr. McLendon still frequented the Office
n his commission. his object being 10
bold possession until he went into court