The Birmingham age-herald., 1911-10-19
Should Be Open to Public


 Inc officials whose alleged conduct IS to be investigated raised the point yester- day that the hearing should be conducted In the presence of as many people of the state as cared to attend. James Il. Oakley said last night: Serious charges of a nature such as these to be investl- gated should, in my opinion, be aired pub lclY. This is due the people, and is cer- ainly dhe me and others concerned with Inc Every action of mine is open to the public, and l court an investigation to be conducted within the hearing of everyone who desires to attend as a spectator
 Colonel Bowman. also speaking for c.hers involved in the rumors which are to be Investigated, stated that in his opinion everything from beginning to end should be thrown wide open. 'I called Up the governor" stated he, Monday night and asked him not to hold the investiga- ton in rooms of the Morris hotel, but, ih- stead, to let the public have every detail in an open hall. In a conversation over the telephone teddy, Judge Lane very l;inGly consented to have the court room of the city hall arranged suitably for the investigation. and he agreed with me th3t everything should be conducted just as publicly possible. If we have among us certain officials whose conduct is rep lehensible, the people should be aware of lslGI Idcl. Alll IT tilt ItijOltE are ldlStf the public, likewise, should know tha. fact
 Colonel Bowman. as soon as Attor- ney General BriekeH stepped from the train last night, proposed that the in vestigation be conducted in public hall. MT. Bricxell stated that he could take no action until he had conferred with MT. Evins.
 After long conference held at the af F,1,. tI tlemen concerned in the investigation, the following self explanatory correspon- denee was exchanged between Advisor Evins and the attorneys at an early hour this morning:
 'Hon R. B. Evins, Legal Advisor to the
 Governor: s4E
 sir: Messrs. Oakley. McCord and Bowman desire full and free investiga ton of the alleged rumors which the gov ernor has desired and directed you to inquire into and these gentlemen also in- sist upon a public hearing in order that the people of this state may have the in- formation and knowledge to which they are entitled To this end Commissioner Lane has consented to permit the hear ing, free of charge, in one of the court rooms at the city hall on Nineteenth street. .es= s
 We respectfully request and demand that you avail yourself of Judge Lanes kindness, instead of holding this hearing at the Morris hotel, in order to accommo- date the interested public who will other wise be excluded from the hearing.
 "J. T. LETCHER,
 "CHARLES l.. HAROLD,
 "W., R. SLATER,
 Attorneys for Respondents"
 Mr Evins answered as follows:
 "October IS. 1911. "Messrs. J. T. Letcher, Charles l.. l. Harold and W. R. Shafer, Attorneys for
 Messrs. Oakley, McCord and Bowman,
 City:
 "Gentlemen-I have your communica ton of this date which was not received by me till after Il p. m., owing to the fact that l was the guest of friend in this city, in which you request that the investigation by the governor be held in one of the court rooms of the city hall instead of at the rooms in the Morris hotel previously selected. to the end that full and free investigation of the ru- mors concerning the gentlemen for whom you appear may be had and that the in tcrested public may be accommodated 'In reply I beg to say that und ' the rules adopted by the attorney gen eral and myself, published in the pa | p3rs today and a copy of which was mailed to each of the gentlemen whom i you represent, it Is stated that the hearing would be held in the presence | of the representatives of the press and Yo11r client It cannot be doubted, I think, that any hearing conducted. Tn the hearing of the representatives of | the press is a public hearing and that 1 this hearing, as already arranged. Is | a public hearing. In view of the fact that Mr. Brickell and l possess none ! of the powers of the courts whereby order may be preserved, we deem 1t better to adhere to the plan outlined l in the rules referred to.
 An invitation having been extended | to all having knowledge of the matters tu be investigated to appear at the time and place mentioned in said rules. any change at this hour would be inex- | podient
 Under the rules referred to the full est possible publicity will attend the hearing and we think they conducs more to a full and free investigation than the plan suggested by you. | "Thorefore, after consulting with MT | Brickell, whose views coincide witt mine, we respectfully decline to makt the change suggested Respectfully, ''R. 5. EVINS.'
 Represented by Counsel | Ii developed last night that the de- ! fendants. or rather the officials who will be the subject of the investigation ! will be represented by counsel. Con cressman NJ. w. Howard will appear