The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-01-09
INJUSTICE IS DONE
GOVERNORS OFFICE
Dispute Regarding Letter from
Major Smith
ERROR IN COPYING LETTER
State Examiner Brooke States Reasons
Why Claim for Hotel Bill Was
DisaIlowed-MaJor Smiths
Letter In Full
ERROR IN COPYING LETTER
BY HERVEY w. LAIRD.

by EhHEf W. LfAihps
MONTGOMERY. January s.-(Special)-As
a result of an out in copying the letter
of Maj. J. 9. Smith of the artillery con-
corning his charge for hotel service while
In camp at Mobile In 1909, injustice has
been done the office OF the governor and
Major Smith led into error. The major
makes the charge that his letter was blue
penciled before being made public. and
that the showing that he asked the adju-
tant general for tents was eliminated He
is right. This was left out, but by the
correspondent In copying the letter from
the original, handed him by Private SEQ
rotary ]. D. McNeel. and not in the of
flee Of the governor.
Here Is the sentence omitted, which be-
gins in the fifth line of the third para
graph of the first pager THE adjutant
general promised to send tents for myself,
staff and hospital corps by the Montgom-
cry battery. to reach me on the morning
of the 2sd-" Just how this oversight
came is interesting. The fourth line runs
up to the beginning of the quotation
with these wordsi "On the morning Of
July 49, the last words OF the sentence
omitted and above quoted were ION the
morning of the 2sd." Hence In reading the
eye ran back to the second combination,
almost exactly like the ending Of the one
left out. and took it up at this battery"
in the seventh line, just after '23d.' when
1t should have been taken up at the adj
jutant general" just after the I'D In
the fifth line.
Attitude of Governor.
When the report of the examiner was
made the governor would not allow any
part of 1t given out until 1t had been
referred to Major Smith for such explana-
ton as he desired to make. When the
letter of Major Smith was received the
document was made public with the ex-
press stipulation that the letter be print
copy being loaned for the purpose OF
making copies. The fact is, the private
secretary Of the governor made the most
exacting condition that the letter was to
be printed. holding that to make one pub
lie without the other was not in line with
Justice. To make sure of getting 1t right
he passed out the original letter.
The whole incident was free from any
effort to put anybody in bad. Mr., Brooke
disallowed 1t on the ground that the law
did not Justify the expenditure. He said;
THE improper expenditure was the hotel
bill of the major and his staff during tho
1909 encampment. The commanding Of
ficer and his staff were quartered at a
fa1 t. Aatxt -
This hotel was several miles from the
scene of the camp and there is no ratio
cination by which 1 can arrive at the
conclusion that this is a military expendi-
ture."
Others Criticised.
The Same report criticised the adjutant
general for his way OF handling the
money of the department and refused,
for the same reason that he cut out the
hotel bill to allow a rent bill for 5000
sent in by Colonel McKleroy Of the Third
regiment. OF the practice of the adjutant
general he said:
in chief to the fact that there 10 no law
to authorize the adjutant general to draw
money from the treasury and deposit
the same In bank to his official credit
The practice has grown from the small
amount in my last report to 1890 in this
case. True, the military court of In
quiry put the stamp of its approval on
the former transaction. but that body
cannot nullify the plain provision Of the
statute. By the present system the gov
ernor and the auditor do not have the
opportunity to pass upon these accounts.
Furthermore, this practice would lead to
some very fine points of law should the
adjutant general die, which event Is with
In the range of possibilities"
Thus II is shown that the report dealt
with the law In the cases presented.
Every item Of the cavalry, the First and
Second regiments was In accordance with
the statutes. This hotel bill and the
Third regiment rent bill were not, ~
the law was by the examiner interpreted,
There Is nothing to chow that the hotel
bill was made with view of doing the
state or good military practice violence.
and the examiner does not SO Intimate,
his report being that by no reasoning
can he hold this a military expenditure.
when the 'hotel was several miles from
the scene Of the camp" to quote his
words
Major Smiths Letter
The letter Of Major Smith In fun u here
| given:
birmingham, January 1 $40
'''B. B. Conner, Governor State Of Ala
| bama, Montgomery
| hand with reference to report Of State
| Examiner H. Y. Brooks. charging to me
| s140.5o improperly expended for hotel bill
| for myself and staff during the summer
encampment of the First battalion Of
! field artillery. from July % to July %,
| 1909, inclusive.
III have this explanation to mako Of
| this expenditure of $1io.5o for hotel which
| the examiner claims Is an improper ex-
| pendituro.
Myself and staff arrived In Mobile on
| the night Of July Il last to prepare for
the encampment and being in advance
of the artillery battalion and no tents
or other provision made for U.S. We reg
istered at the Cawthon hotel until the
| troops arrived on the morning of July 20.
| The adjutant general promised to send
tents for myself, stan and hospital corps
| by the Montgomery battery to reacl,
me on the morning of July %.
| This battery reached Mobile In due time
| without the tents. had been furnished
| % oonical tents to be divided between
| Batteries and D. which was done. Bat
| terry b had 1o4 men and officerA Bat
terry had 119 men and officers, 90
you can see that there wasn't enough
tentage for the two batteries. let alone
the staff and hospital corps.
| / Immediately wired the adjutant gen.
eral Of the state of affairs. but he wasn't
IN MONTGOMERY, but at Admission. On
the evening OF July n received one
| large tent which turned over to the
| hospital corps, which was absolutely
necessary. and two small wall tents,
| which gave to the Ave officers Of Bat
| terry D, who had been sleeping In the
| tents with their men up to the time OF
| the arrival Of the tents referred to. Cap