Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-07-16
JUDGE HART STATES
HE EXPECTED MORE
FROM Mr.. M'LENDON
Galleries Were Crowded at 3
O'clock Monday Afternoon
When Hearing Was Begun BY
Committee.

The testimony OF Attorney General
Hart. Special Attorney Hines and pc
tition by the suspended commissioner, de-
manding the right of challenge and at
lacking the eligibility of Representative
Hooper Alexander TO sit in his Judgment
Of the case, were the principal features
OF the Monday afternoon session OF the
Joint committee inQuiring into the ofnclal
conduct OF S. @. McLendon, suspended
railroad commissioner. Mr.. McLendon'
petition is published in full in another
column.
Attorney General Hart and Special At
torney Hines were examined at length
concerning the attitude of Mr.. McLen-
don with reference TO the states resist
ance OF the advance Of rates from the
west into Georgia Governor Smith gave
as one Of his reasons for suspending Mr..
McLendon the fact that his sympathies
In this instance were with the railroads.
Judge Hines testified that Mr.. McLen-
don's help in the case consisted of a
statement presenting the railroads side
of the contention. He said. further, that
Mr.. McIendon's statement was based
upon facts and data furnished by the
railroad, and did not represent independ-
emit investigation.
Attorney General Hart declared that
he very likely informed Governor Smith
McLendon the assistance he expected to
get" ... .
JUDGE HART ON STAND.
Attorney General Hart was called as
"a witness, after the committee had post
poned action on Mr.. McLendon's petition.
He was asked concerning the litigation
growing out Of the advance OF freight
rates from the west into Georgia. He
said he assisted the special attorney Of
the commission in that hearing. He was
Informed that the special attorney had
been ordered to intervene and he was
requested to assist him.
What assistance was rendered to you
In that case" he was asked.
Judge Hart said that would be mat
ter OF opinion entirely. He had recovered.
he said, a lengthy paper from Mr..
McLendon a short argument from Judge
Hillyer. The McLendon paper contained
extensive information, some helpful, some
hurtful. II was largely statistical.
ASKED ABOUT CONFERENCE.
Chairman Burwell asked the witness
concerning any conference he had with
Governor Smith concerning the McLen-
don paper.
Judge Hart said he had nothing 70 with
hold. but he wanted the committee to
saw whether 1t would not be the violation
of a confidence. The committee retired
to consider the point 1t was out for ten
minutes.
RENDER ANY ASSISTANCE?
Chairman Burwell then asked whether
Judge Hart knew whether McLendon
opposed any attempt on the part of the
state tn resist the increased rates from
the west.
Did he give you any assistance? was
the question. -..
was the reply.
Was that assistanceT'
IT gave helpful and hurtful facts" he
replied. -.
Tendon did not believe the state had
good case.
DISAPPOINTED WITH McLENDoN.
Judge Hart was asked II he advised the
governor that Mr.. McLendon was not rem
derin9 assistance in the litigation. He
said he may not have so advised the gov
ernor, but he may have expressed the
opinion that the commission was not rem
dering services BY referring to the COM
mission. he meant also Mr.. McLendon.
The witness said 1t was not improbable
that he singled McLendon out TO the gov
ernor as not giving assistance.
cit is very likely that I may have said
that. as 1 expected more of Mr.. McLen-
DON" he said.
'I EXPRESSED the opinion to the governor
that we were getting very little help
from the commission or any other
source" continued the judge. 81 meant
no reflection upon the commission.
made that statement to the governor for
no other reason, 1 believe, except that 1t
was a fact. I meant that 1 was not get
ting from the commission what / had
hoped TO get. 1 think that Mr.. McLendon
thought II a INTO indulge in that. that
the state had poor chance of success.
JUDGE HARRIS IMPRESSION.
ct had the impression. sir, that Mr..
McIendon believed that the state should
not file its petition. also had the i'm
preston that Mr.. McLendon was in the
minority in the commissions view on this
matter; that the commission stood three
to two.
''If the word sympathy with the rail-
road side of the case Tin answer to a
question: implies corruption, then there
was nothing to indicate 1t in Mr.. McLen.
don's conduct at that time"
MEMBERS ASW QUESTIONS.
The members OF the investigating COM
mittee were talxin gturn about in ques-
tioning the attorney general.
Judge Hart was not required to answer
the question as to what, in his opinion,
the facts and figures furnished by Mr..
rT taken whole tended r.