The Birmingham age-herald., 1914-01-08
COMMISSIONERS IN
CLASH ABOUT THEIR
RIGHT TO TRY CASE
CONTINUED from Page Five)

| to the situation
Commissioner Weatherly: One thing
was his long service in the city of Bit.
| mingham.
| Captain White: But it would have beer
| infinitely better for him if-for his case
to have been taken up by the commits
| sion and his head chopped off Officially
| than to have had all this testimony damn
| ing to his character and reputation to be
| flung in here to be carried out to thJ
| public and read by them with the ap-
, proval of the commission.
| Commissioner Weatherly: We are tax.
ing this for what it is worth.
| Captain White: Yes, but the trouble il
the public will take it for more.than what
| 1t is worth
Commissioner Weatherly You asked
| for a public hearing.
Captain White | did not
| Commissioner Ward: Judge Lane did.
Captain White: l did not but of course
| if l had contemplated public hearing
! | would have contemplated one where
the rules of evidence were to be observed
and evidence admitted that is admitted
| In regular courts of justice and not hear
| say, differences and conclusions.
Commissioner Weatherly: Well, We
don't agree with you about that. | have
stated all along. however, that we would
not base our conclusions on hearsay evil
|
! further testimony.
Hearing Evidence
| Captain White: Then, of course it is
| like any other evidence; no evidence is q
be considered except by corroboratir 2
circumstances or corroborating testimony
from witnesses, but | never before il
my life heard of hearsay testimony be-
ing admitted anywhere.
Commissioner Weatherly: You admit it
every day in your own life.
Captain White: Yes, sir, in the chim-
ney corner. / expect it is all right
Commissioner Weatherly: You act on
it in everyday life
Captain White: | do not. when a man
talks to me about another man, unless
| he knows it to be a fact, | do not give
| what he says but precious little credence.
| | can show by hearsay testimony that
one of the commissioners sitting in this
! case is not competent to sit; that he
! has prejudged the case.
Commissioner Weatherly: You evidently
| paid enough attention to 1t to let it linger
| in your mind. You are acting on it Off
| cially to try to get that in the mind o1
| that commissioner now.
| Captain White: No. | am going to bring
| it up by testimony itself.
Commissioner Ward: Couldn't you prove
! it just as easily that another commits
sioner prejudged it in another direction?
Captain White: No, | don't believe any
| thing Of the kind exists. [ believe If II
| did exist he would not sit.
| Commissioner Weatherly 1 do not te-
| lieve the other one would sit either.
! Captain White: | know that commits
soner and have known him for long years
and l do not think if he had prejudged il
/ he would sit on the case.
| Commissioner Weatherly: 1t occurred
| to me, Captain, that some time during
| Saturday next would be giving a sufficient
time to close up this evidence.
| Captain White: Really, ! cannot tell.
| hope to get through before that time
| really [ do, but / cannot tell now.
Commissioner Weatherly: May ] put il
a little stronger. do you expect to gel
| through before that time?
| Captain White; Yes, sir.
| Commissioner Weatherly: | suggested
| to Judge Lane Saturday at noon.
| Captain White: | cannot say / am
| going to be through and l do not want
to be precluded by prejudging now and
saying ] must stop on that date. but my
| view is now that I will be through
Commissioner Weatherly: I would sug-
gest you could hasten matters in some
| respects by Submitting to the parties and
| to the commissioners whether or not il is
| conceded a certain witness will testify to
| certain former testimony you have been
bringing out at some length. 1 would be
| willing to concede if your next witness Is
an officer under Chief Bodeker that he
1 would state in a general way about those
orders and verbal Instructions.
Trying Case Before Public
| Captain White: That would be all right
if we were irving the case solely before
| the commissioners, but we are trying tho
| case not only before the commissioners
| but before the public. If the case was
really being tried before the commits
| sioners and Gid not have a double aspect
to it l would be glad to do that.
| Commissioner Ward: Would you sug
gest that we exclude the press?
Captain White: No, 1 do not want tc
+, exclude the press now. The press now
| has that against us and | want them tc
have that for us.
| Judge Castor: Has the commission de-
cided whether they have a right to &c
| on body.
! Commissioner Lane: / am perfectly will
+, ling and express a willingness for them
| to sit here.
| Commissioner Weatherly: l must insst
/ that we not here by the consent OF
Judge Lane. but by>authority of the act
/ under which this board was constituted
1 l do not propose to sit in this case in
any such way. ] say that with all due
respect to you, Judge, but l think you
! wholly misunderstood our position in this
matter.
! Commissioner Lane: Here are the min.
| utes.
] Commissioner Weather1y: / don't dis.
| pute your power was given you as mine
| was to me, but that don't give YOU ex-
| elusive power to hear investigations OF
an official of this city
! Commissioner Lane: 1t says "except
| removal.
| Captain White: l don't know the prac-
| tice heretofore; for instance when a street
missioner is up for an investiga ton
| whether the whole board sets on him
| or not.
! Commissioner Lane: The whole board
| has never set in but one case. and that
| In reference to an incident that happened
| while | was out of the city.
| ommissioner Weatherly: The boa ID
unanimously passed a resolution authoriz-
! ing this hearing before the board of city
commissioners.
| Il want it emphasized said Commits
| sloner Weatferly. after the trouble had
blown over, that no subordinate officer
of the city has any term of office. They
are holding their positions merely at the
| rleasure of this commission. That was
! the purpose OF the con- mission act-to
take the city subordinate officials out of
politics ana l'lace them under the merit
system at the direction of this commits
sion Every subordinate Official Of Bir-
sniagham is meFely an employe OF this