The Birmingham age-herald., 1911-09-18
WILL INVESTIGATE
 SHER|FF'S ACTION Sheriff Bryce Dismissed
 Mandamus Case GRAND JURY CHARGED Cullman Sheriff Had Won Every Point in Contested Election and
 Citizens Cannot Under
 stand His Actions
GRAND JURY CHARGED

Cunman. September 17-(Specal,)-The action of Sheriff C. w Bryce in ask ing that the mandamus case against Judge Burke be dismissed Is the source of much comment among the friends oi the sheriff in Cullman county. It has become so heated that it is now being iutimated that a sensation may be brought to light before the matter Is fully set tied. and the general discussion on the streets was probably the cause of Pre- siding Judge D. W. Speake of the cir cult court taking a hand in the mat ter Saturday morning, when he ordered the grand jury brought into court and delivered a special charge in connection with the case. The following is the glst of Judge Speake's charge to the grand jury Saturday morning at the opening of the court:
 "Gentlemen of the grand jury: l desire to read in your hearing section 744o or the code of Alabama, to-wit;
 Any person elected or appointed to any office state, county or municipal, who bargains away such office or eorrupGs bargains away any deputation thereof' or any person bargaining with such or flcer for such office or corruptly bar gaining with him for any deputauon thereof, must on conviction, be fined not less than $1OO nor more than Slooo, and may be also imprisoned in the county jai or sentenced to hard labor for the county for not less than six nor more than F months"
 In relation to the local case Judge Speake gave the grand jury the follow ing oral charge:
 q desire to say further to you, gen. tlemen, that public office does not be- long to the man who is elected or ap- pointed to such office, but the office be- lcngs to the people, and the officer is their servant. It has come to me in re- liable way that a certain officer in this county has attempted to bargain away his office. The solicitor lras full infor- nation which he can give you, and he has been instructed in the premises; and I now desire to instruct you to investi- gate this matter fully, even though you have to remain in session another week; and, if you find any one guilty of yio- idt1On Ol IllS Sldlultt tiidl SC SOts eN'- tlemen, to find an indictment, and l call your attention to the fact that not only the person who undertakes to bargain away the office, but any person bargain ing with him Is guilty.
 "I further charge you that if you ind that such facts are true, then 1t would be your duty to recommend the impeaeh- nent of any such officer or any other officer corruptly connected herewith
 Sheriff Bryce has number of friends who stoutly deny this intimation Some of the former friends of MT. Bryce and those who stood by him in his fight to gain possession of the sheriff's office are very indignant.
 Just why the sheriff wanted the man damus case dismissed at this time IS the matter his friends do not understand. He has fought the contest case between himself and MT. Scheuing, his republi- can opponent, through the courts here and in the supreme courts of the state. lie has so far won almost every point. The last decision by the supreme court Tn his favor was that of the mandamus case against Judge Burke, holding that Judge Burke was incompetent to try the con- test case This case was first heard in the circuit court here, and Judge Speake held that Judge Burke was competent to preside, after which Bryce appealed from the holdings of Judge Speake and the supreme court held in favor of Bryce and his attorneys. Now, MT. Bryce wants to. dismiss the case and consents for Judge Burke to recount the ballots and declare who is the sheriff of the county. The friends of Bryce do not cast any re- flection on the honor of Judge Burke. But the allegations contained in the peti- ton to the supreme court, alleging that Burke was a party with the contestant, Scheung, in that he failed to send out sufficient ballots to certain beats In the county, and because of the holdings of the supreme court sustaining the allega- tions, they feel that in justice to the people should he not care to hold the sheriffs office any longer, he should re- sign.