The Birmingham age-herald., 1910-11-01
Wonders Why Members of the Committee Do Not Them
 selves Take Steps
EXPLAINS DIFFERENCE
 WHEN SOLICITOR ACTS
Committee Reports Back to the Law and Order League and Decides to Ask Governor Conner to In-
 terfere in Birmingham

"Criticisers of my action in declining to institute suit for an injunction against alleged blind tigers in Birmingham" terday, have no right to say I refused to do thing for which I was paid, or, in other words failed to do my duty as high official of Jefferson county. It is my duty as solicitor to prosecute viola tors of the law, and when 1 do not ac- cept suggestions from outsiders as to what mode of procedure I should choose 1t is certainly no failure to do my duty.
 "The law says that the solicitor may ask for an injunction, but it does not say that he is required to adopt that method if certain private citizens re- quest I told the committee who waited on me last week that either or all of them might ask for the injunction. and that one of the reasons why l did not care to do so was because a citizen must make bond and stand responsible for wrongful acts, while the solicitor need make no bond. If l were to act and it were shown that the men whose places of business were closed had been wronged they would have no recourse, for 1 would be acting in the official capacity of so- licitor The bonds of private citizens would render them liable to suit, on the other hand.
 "If the citizens who called upon me believe 1t just and rghtful thing that an injunction against the places be is- sued, 1t is hard to see why they do not act and be willing to stand responsible for having done a wrongful thing.
 "As solicitor of Jefferson county I have in this case the alternative of prosecut- ing through the courts of chancery ju- rsdiction or prosecuting through the criminal court as the grand jury directs. Trial by jury is a. democratic principle and government by injunction has been denounced by practically every demo- cratic platform in history.
 Tt is not my purpose to stir up con- troversy or cause any more agitation in this matter, but if 1 am to be criticised for dereliction of my duty I have the right to be heard. l simply do not choose to so conduct my office as to be guilty of an act which is undemocratic and which I deem unwarranted.'
 VIII Petition Governor Members of the Law and Order league met yesterday morning in the Chamber of Commerce building and decided to pe- tition Gov. B. B. Conner to interfere in the local situation by injunction against
 
 It was a secret meeting, but the in- formation was given out that Governor Conner will be approached on his return to the city tomorrow, and he will be re- quested to use the power which he has offered
 Report has it that Solicitor H. P, lief lin was severely condemned for his re- fusal to comply with the request of the committee which called on, him, while I'll ted for his effort to enforce the laws.
 Text of Report Following is the report of the commit tee which visited MT. Hefin:
 Your committee beg to report that we called on Solicitor Hefin and he re- | fused to assist in closing the blind tigers | by injunction for the reasons: First | that it was undemocratic. To our in- | uuiry as to how it was undemocratic to suppress lawlessness with the weapons | furnished by the laws of the state of Alabama we received no reasons. Sec | ond that it was an attempt to use his office for political purposes Your com
 mittee, being absolutely unable to con-
 meet the desire of citizens to suppress
 promptly lawlessness with politics, tried | to get the solicitor to explain the con- nection, but received no explanation. 1 This refusal of the county's highest pros- ecuting officer, fully empowered and in- structed by the statutes of the state to do exactly as requested to aid the cause of law enforcement, would leave the cause helpless were it not that citizens
 can appeal to the governor and attorney general for protection. We therefore
 recommend that this be done at once, at the same time regretting that the stand | of Solicitor He1n forces him to be ig- | nored.'
 | This report was adopted and the com | mittee was empowered and instructed | to act in the matter.