The Birmingham age-herald., 1911-11-19
BROOKE-BOWMAN
 TILT IS LIVELY
Brooke Made His Final
 Statement Last Night
WHAT BOTH MEN SAY
Brooke Will Consult Attorney to Find What Remedy at Law He Pos sesses-Review of the
 Controversy


 As a result of certain statements made by Col. P. G. Bowman in his speech al the Jefferson theater last Tuesday night, In which he seyeraly arraigned Gov. Elm met ONeal and certain members of his official family, a spicy controversy has arisen between Colonel Bowman and H. Y. Brooke, the state examiner of public accounts.
 MT. Brooke at the request of the gov ernor, made an investigation of alleged irregular official acts of Colonel Bowman previous to his removal from office by Governor O'Neal.
 In his speech on Tuesday night Colonel Bowman used the following language: "One H. Y. Brooke, a man tried. con victed and sentenced by an Alabama court to a term of imprisonment for islander and libel" The next day MT. Brooke called upon Colonel Bowman to correct his statement in the following letter.
 "Sir-Assuming that it was not your intention to mislead the public in your statement as to undersigned, I call your attention to your utterances on the night of Tuesday, November IA, 1911, as printed in all the daily papers of Birmingham, in which you used the following lan- guage: One H. Y. Brooke. man tried, convicted and sentenced by an Alabama court to a term of Imprisonment for islander and libel.'
 'You can find full facts concerning this case in the 154th Alabama report, page 52.
 Should you fail to make the correc- ton by Monday I will be forced to take the public into my confidence and nar- rate the facts concerning this cause celebre. Yours, etc. H. Y. BROOKE"
 Bowman's First Reply
 To which Colonel Bowman made the following reply:
 For MT. Broolxes information will say that I got my information from member of the Birmingham bar, who defended MT. Brooke. But if I have done Mir. Brooke an injustice and he will call 1t to my attention I will be glad to repair it.
 "I notice his threat that if do not make the correction by Monday he will be forced to take the public into his con- fidence and narrate the facts concern ing the cause celebre.
 "I do not know whether he means by cause ce1ebre' his own case or the one now pending against me, but if he has reference to me he has my permission to take the public into his confidence and tell what he knows about it. If he seeks by threats to get retraction from me he is at liberty to take the public into his full confidence so far as I am con- 
 Brooke's Formal Letter
 This evidently did not satisfy MT. Brooke, as he addressed second letter to Colonel Bowman as follows:
 Birmingham, Ala, November IT, 1911 "Col. F. G.. Bowman, Birmingham, Ala.
 sir: This mornings Age-Herald quotes you as saying: If l have done MT. Brooke an injustice and if he will call 1t to my attention, I will be glad to repair it.. You will observe that your words were One H. r. Brooke. man tried, con- victed and sentenced by an Alabama court to a term of Imprisonment for islander and libel
 'Slander' is the speaking of something false about another, and when said speak ing is in the presence of a third person it is published
 Libel in this state is the printing of anything That may tend to cause a breach of peace You will observe a very difference.
 By reference to the 154th Alabama page 53, you will find that I was techni- cally convicted of libel and not of 'slan- der. The injustice was so apparent that members of the supreme court who wrote the decree called upon Governor Conner and the sentence was remitted by him without application by myself. The facts on which I was convicted are as follows:
 T was editor of the Crenshaw County Critic, and in 1907 numerous complaints came to me concerning the distribution of the public school money by the superin- tendent of education and the school board efforts on my part failed to cb- tain a copy of the apportionment from the county superintendent. That report then applied to the state superintenG- ent of education for certified copy of the report in his office, as filed there by the county superintendet. That report disclosed the fact tha. some white chil- dren were receiving 90 cents per capita of the school money, while others were over s4 l did not think tlis was fair distribution of the school funds, nor do ! think so now. I pub lished the certifefid copy of the apportion- ment and criticized the same as follows Diabolical discrimination in the distrhu- ton of the school money of the county. Some children receive 30 cents per capi- ta, while others receive $3,' and added that the sooner the people got rid of the coun- ty superintendent of education and the school board the better it would be for the school children. Shortly after that l was arrested on the charge of libel sworn out by the county superintendent of education, and on the trial the paper was introduced as evidence and the ques- ton put to the superintendent if it mode him angry. He admitted it did and didn't blame him. Believing that the truth of any public officials record was egitimate property for newspaper publi- cation, and believing that the criticism which you will see was not of the official but of the acD went through series )f trials in each of the courts. Had it not been for the juggling of the records by either the judge or the clerk I would have obtained reversal by the supreme court.
 1T observe that you state that you ob aimed your information from a member )f the Birmingham bar, who alleges to nave defended me. By reference to the supreme court report you will see that your informant. whoever he may he, nislead you. None of the attorneys in he case are members of the local bar.
 "I have never made threat in all my fife for the purpose of forcing anyone to 10 my bidding. Whenever I have had sufficient provocation for that, I consid- cred it sufficient provocaton for action and governed myself accordingly. Myl purpose was to give you ample opportuni y to make the correction and upon your allure to make public the statement con- aimed In this epistle. ."This, I opine, clearly demonstrates the injustice you have done, and I expect the correction to be made. shall afford you he first opportunity to give this commun- cation to the press. Yours, etc. I'll. Y. BROOKE"
 Bowman Comes Back
 To the second letter from MT. Brooke