The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1911-02-04
ADMISSION RECORDER
SPARS WITH MAYOR
Each Claims That the Other Is
Mistaken"
BURGESS IS 1MPEAcHED
Is No More--Cooper's Threat to
Petition Impeachment of
Mayor Sensational

Did Mayor J. L. wikle instruct Re-
corder ]. F. Green to remit the street
sentence against persons convicted in
the police court or persons pleading
guilty to a violation of the prohibit
ton laws in this city, Is one of the
most discussed phases that have grown
out of the. impeachment proceedings
closed against Alderman J. A. Burgess
last night. The recorder says he did,
and he stands on his oath of office
in that contention. The mayor says
he did not. and he stands on what he
regards as his lack of authority to
do so and on the judicial authority
vested in the recorder
Neither the mayor nor the recorder,
however, has undertaken to place the
other in an Ananias club, their state
ments in regard to the matter being
strictly Chesterfieldian. Mayor Wikle
says he thinks the recorder Is mis-
TAKEN" and the recorder uses the same
word in reference to the mayors con-
tention. They are good friends and
they propose to remain so.
Attitude of the Mayor
In an interview given out today
Mayor Wikle says that he has never
in any instance undertaken to instruct
the. recorder as to his action in re-
gard to how he should deal with the
prohibition violators, though he admits
that he shad advised with the recorder
in regard to the proposition, suggest
ing that he remit the street sentence.
He says that Judge Green's position is
a judicial one and that he has unques-
toned authority in the administration
of that office. and the mayor is of
the opinion that the recorder should
have declined to accept his advice II
he had suggested anything contrary to
legal procedure. However, he says that
he has no desire to discredit the re-
corder or to say anything that would
place him in false light. He merely
thinks he is resting under misap-
prehension as to what he meant by his
suggestion regarding the street sem
fences.
The Recorders Position
Recorder Green says that when no
took his oath of office prescribed
in the code he agreed to obey his SUI
perior officers, and he was ordered by
the mayor to remit street sentences
against all persons who would plead
guilty to violating the prohibition law
and that the mayor is simply mis-
taken or has forgotten his order to
that effect
Councils Action Final
Alderman j. A. Burgess of the Third
ward has no appeal from the action
of the city council yesterday evening,
as his conviction and Impeachment for
al, int in, txyn re m
account of alleged irregularity in deal
| ing with alleged blind tigers of the
city was final. For from the moment
President A. p. Agee announced MI
Burgess, by a two-thirds vote, you
are impeached as a member of the city
council of Anniston," the Third ward
alderman ceased to be a member of
that body.
In regard to his actions, Alderman
Burgess admits that he probably act
ed without authority. but he says that
he was acting in the interest of the
city of Admission, believing that he had
the sanction of the mayor in what he
did He says that he intended to turn
over the money which he collected to
the city, provided that he could col
lect from other alleged tigers of the
city in proportion as he stated that
he had collected from w. It. Grace,
W. H Marion and Tom Ferguson, from
whom he is said to have collected 800
each.
Cooper Causes Sensation
The threat by former Acting Mayor
E. P. Cooper. now chairman of the
executive committee of the Law and
Order league, to petition for impeach-
ment proceedings against Mayor j. L..
Wikle and Recorder J. F. Green has
created sensation and 1t is prob
able that the council chamber will be
mt
when the charges are expected to be
produced.
Mayor Wikle says that without the
remission of the street sentence it Is
impossible to convict alleged tigers. Due
to this fact. he has recently been as
sessing only a fine of 800 and costs
against all persons arrested for al
legged violations of the prohibition law.
Mr.. Cooper says that in this procedure
the mayor and the recorder are liable
to impeachment, as they are said to
have ignored a provision of the mu-
nicipal code which makes the street
sentence mandatory ON the second con-
viction of any person for the violation
of the dry laws
The mayor and the former mayor
pro tenn have had several very lively
tits and some interesting developments
are promised when the latter prefers
formal charges against the citys chief
the prohibition law The mayor, it is
believed, will be in the attitude of the
man from Missouri when the council