The Birmingham age-herald., 1911-04-04
GREAT EXCITEMENT CAUSED
 ALL OYER BIRMINGHAM
 BY NEVIS OF THE CHANCE
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DA MI III O VI lA1 OhnNu V
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 in the general election of 1912, and forti- fies his argument by reference to the case of Judge William E. Fort, who, in spite of his appointment by Governor Conner to fill out an unexpired term, was forced to make race before the people in the last general election.
 The action through the courts is expected to be the next big obstacle thrown in the way of this hitherto III fated and much oppressed bill. It has gone through the mill" of strife and discomfort thousand times already
 History of Compromise
 The first obstacle encountered by the till following it's introduction by Rep resentative Percy was the opposition of five members of the Jefferson delega- .ion.
 These five opposed that section of the bill which provided for three com missioners to be elected by the peo- pie. The five desired a substitute sec ton providing for five commissioners to be appointed by the governor.
 On this point the quarrel grew ex- ceedingiy serious and there came time when it was feared that the bill as whole, might be beaten. There upon Senator Morrow took part and as a result the troubled waters and the gentle oil commingled together in a spirit of friendship.
 A compromise was agreed upon. By the terms of this compromise Governor O'Neal. was to make the appointment of three commissioners, the three to be Mayor Exum, Harry Jones and Judge A. O. Lane.
 On the morning following this com promise Senator Morrow, Representa- tive Percy and Representative Judge visited the governor in his office in the capitol and there formally told him of the terms of the compromise. The g overnor expressed satisfaction that the delegation had agreed and said
 When the Jefferson delegation unites in making a request of me l cannot do otherwise than consider this request as command which I am impelled to obey"
 Thereupon it was understood that the governor would appoint Mayor Exum. Judge Lane and Harry Jones, provided
 The delegation remained united, and, secondly. that no charges were filed and sustained after a hearing-againet either of the three on whom the dele gation had agreed.
 No Charges Filed
 No formal charges have been filed a gainst MT Jones. Following the sen sational criticism of Mayor Exum and his administration by Auditor Petersen, Alderman George Huddleston informal ly told the governor that he did not MT. Jones the proper man to sit on the commission on account of his former alignment with the present aldermanic system against which, he represented, the people of Birmingham had votel almost unanimously.
 These remarks, at the suggestion of the governor, were reduced to writing and returned to the chief executive The remarks were not considered in the nature of charges, and as proof, no hearing of the points made by Huddles- ton was asked for or expected.
 Following the action of Huddleston, however, a numerous delegation of prominent Birmingham citizens, under the leadership of Colonel w P Pink ard, went to the capitol. and there in- formed the governor that MT. Jones, in their opinion, was the ideal man to oc- cupy. a position on the commission in view of his long service in and knowl- edge of municipal affairs, and his per sonal integrity.
 To this delegation the governor re- peated what he had told the members of the Jefferson delega tion-that he would appoint the gentlemen agreed upon in case the delegation remained united in it's request, and unless charges were filed and after a hearing sus- tained against either of the gentlemen in question.
 The delegation returned to Birming ham firmly convinced that Jones would receive the appointment.
 Split in Delegation
 If is believed that there has occurred a split in the delegation.
 It is understood in other words, that as long as month ago, one member of the delegation informed the governor that he had agreed with the other rep resentatives under pressure and against his protests, that he did not personally desire MT. Jones to occupy a seat on pleased if the governor appoint some other man.
 It is understood that three members of the delegation signed a statement, which is in the hands of the governor, to the effect that they did not consider any agreement reached by the Members of the delegation binding on the chief executive.
 Following this action, it is probable that the governor hesitated to make an 2 ppointment which might offend certain elements of Birmingham people, and it is considered true that had he named either MT. Jones or MT. Ward certain factions would have begun immediately their weapons for a fierce political conflict. For all these reasons, It is cons idered probable that the gover- nor though the appointment of MT. Weatherly would offer Q solution which would please the people on account of the ability and integrity of the appon- tee, and would obviate a possibly acri- monious campaign in the future.
 City All a-Quiyer
 When it became generally known yes terday that MT. Weatherly had been off, fered a place on the commission, and that he intended to accept there was much excitement throughout the city.
 The rendered appointment was the sub ject of general comment on every street corner.
 Especially acute was the nervous con- dtion of city hall officials.
 The telephone wires from Birmingham to Montgomery hummed throughout the day.
 Those on the scene in Montgomery were taken completely by surprise, for the action Of the governor had not uil- dergone leak.
 In Montgomery there was doubt-and the positive information reached the Capital City from Birmingham source
 No member of the official family was willing to make statement. Although partisans expressed surprise-and some indignation-tliat the governor had not appointed MT. Jones, no one denied but that MT. Weatherly is in every respect qualified for the position, and all ex-