The Birmingham age-herald., 1911-11-05

I upon how just and sound a theory these 1 rulings rest.
 Tt appeals from the sworn testimony taken by Mr. Brooke, that MT. Gambill suggested to several of the largest tax payers in Jefferson county that they per init their property to become as escaped | from taxation. This was a clear prosti- tuition O. the vital interests of the county and tho state for personal gain. Such conduct became possible through your un- authorized surrender to Mir Gambill of the duties of an office to which I had appointed you.
 Dr. Yann's Appointment
 with reference to the appointment of Dr. Yam, it appears from the testimony of pr. Fields that you agreed to secure the appointment of Dr. Nann at my hands in consideration of $500 to be paid you by Dr. Nann; that Dr. Nann was willing to pay that much for the office, but was unwilling to pay until the appointment was secured; that he, therefore. put into the hands of your mutual friend. Dr. Fields. a certified check for that amount, payable to Dr. Fields. to be collected and paid to you when pr. Vann received the appointment.
 "Dr. Fields further testified that on the appointment of Dr. Vann he col lected this check and gave you his check for the amount. and the testimony of the officers of the bank shows that a check from pr. Fields to you for this amount was paid by the bank.
 You do not, I understand. deny these facts, but assert that this $500 was paid you by Dr. Vann as a fec which you claim that as a lawyer you had right to take.
 Tt is laid down in a standard authority, as a general principle. supported by the adjudge9 eases, that all contracts that embrace stipulations, or are based upon an understanding that one of the parties thereto is to exert his personal influence uron public officers to secure tho ap pointment of the other party to the pub lie office, are held illegal on the ground that they place the former under wrong full influences. and offer him tempta tion that might injuriously affect public interests
 "As one of my appointees had the right to expect from you, in anything ou had to say with reference to can didates, for appointment, your unbiased opinion, untrammelled by any personal interest.
 T consider your action in the mat ters I have referred to, to be regardless of the public good, so calculated to' en- gender the belief in many minds that public office has no responsibility, and
  destroy public respect for the states officers and the laws they administer, that it Is my imperative duty to sever your connection with the public serv- ice.
 AS a public servant, with the inter- ests of multitude of people and the welfare of great state in meas ure committed to my keeping, I can not, however painful action in the premises may be- indulge those consid- erations that might appeal to me as an individual nor condone, offenses that injuriously affect the public interests
 q am therefore, under the necessity of informing you that I have, and 1o hereby, remove you from the office Of tax commission of Jefferson county. Under these circumstances it would be inappropriate for me to retain you on my personal staff, and l. therefore, hereby remove you thero- from. Respectfully yours,
 "EMMET o'NEAL.
 Governor"
 Copy of Check
 "Ensley, Ala, April ', 1911 No. -I Bank of Ensley, Ramsey & McCor- mack. Pay to the order of E. T. Fields s50OO0 Give and 00-1O0 dollars).
 IS. J. VANN."
 "On back is indorsement: "E. T. Fields. "In left hand corner of the check is the following: Number 1195, good when properly indorsed for $500. Bank of Ensley, R. A. Chadwick. cashiei Stamped: Bank of Ensley. Paid April 20, 1911. Ensley, Ala.
 Dr. Fields Statement
 statement of F. T. Fields:
 ''Ensley, Ala, 10-25-1l. "This conversation came about in the neighborhood of one or two weeks tefore the appointment was made. pr. Vann told me to tell Colonel Bow man he would give him $500 without my solicitation if he would land the Flat Top position for him. T called Colonel Bowman over the phone from my residence in Ensley) at Gay Teague hotel in Montgomery, and told him that .Dr. Vann said he would provided he got the job. Colonel Bowman saked me at this time if Dr. Vann was all right I told him he was, and in my opinion the best man applying for the position; that I had Inquired into the list of applicants and that I would vouch for pr. Vann's statement-Dr. Vann not being known to Colonel Bowman at this time. Dr. Yam was informed the next morning by me that I had put the matter to Colonel Bowman and had vouched for the statement he made to Colonel Bowman ''Dr Yam without my request placed a certified check for $500 in my hands payable to me to make me safer for the promise T made for him to Colonel Bow man, which check locked in my safe un- til the appointment was made. I was in Montgomery the day the appointment was made, and I gave my check to Col. P. G. Bowman for $500 and as soon as I returned home I cashed Dr yann's check payable to me for $500 which was to cover the $500 I had given Colonel Bowman. '- '"Dr. Vann and myself went to Mont gomery and saw Colonel Bowman a few days before the appointment was made and I think pr. Yam at this time gave