The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1914-01-08


is. all that class of questions you ask
the witness about the chiefs order and
If he ever gave them public orders that
he privately intended them TO ignore,
all that, as | understand ii, is not one
of the disputed questions in the case.
Captain White: l think it is. They
have got insinuatons of the broadcast
character; that the police force is receiv-
ing over $4,000 a year in graft. How are
we going to meet that except to prove
by the police officers, that that is not
so?
Commissioner Ward: Bring them all in
at once and ask them.
Captain White: You cannot do that;
cannot examine 40 witnesses at time.
Commissioner Lane | am willing to
give the defendant as fair a trial as |
did the prosecution. | am not willing
to shut off the defendant from his de-
Tense. 1t is a very important trial to
the defendant; 1t involves more than his
life, a great deal more. So far as am
concerned-and l am the only one really
that has any right to sit here--the ordi-
nance was passed by the board itself.
giving me the right, but l have con-
ceded the right of these gentlemen to
sit with me. but a far as examining "a
witnesses at q time is concerned, | never
heard of such thing before in my life,
captain NIilt. nv, sii, anu L itNth
did
Commissioner Weatherly: l am very
much astounded at your statement that
YOU are the only one that has right
to sit here.
Commissioner Lane: Bring in the min
utes.
Judge CASTOR: I would like to have
that settled now.
Commissioner Lane: Tell Mr.. Ryall to
bring In the minutes
Captain White: l want to say now
Commissioner Lane: I have no objec-
ton to their being here meaning the
ether two commissioners, I am perfectly
willing for them to hear everything.
Commissioner Weatherly: Do you Sc
duce the right of the three commissioners
Jointly to investigate the records of any
officials of the city of Birmingham?
Commissioner Lane: The minutes pre-
scribe what are the duties of this conf
mission. They have never questioned it
except in one case and that was when l
was out of the state.
Quotes From Act
Commissioner Weatherly: This Is what
the act says:
Every officer and employee of said city,
except the health officer and such per-
sons as may be employed by him to en-
force quarantine, other than the said
president and commissioners, shall be
selected and employed by the board or
under it's direction, and all salaries and
wages paid by said city, except as other
wise provided by the terms of this act,
shall be fixed by said board. The COM
missioner shall prescribe and may at any
time change the powers, duties and titles
of all subordinates and officers and en-
ployes of said city, except the title of
city health officer. all of whom shall
hold office and be removable at the pleas
ure Of the board of commissioners.
Commissioner Lane: You can change
it, but you have not done 1t. l con-
coded the right of the commission to
sit with me and am glad to have them
with me. and I do not recall but one
instance in which different proceed
ure was held and that was when I was
out of town and Mr.. Exum was aot-
ing as commissioner. et'i
Commissioner Weatherly: think you
failed to take into consideration that
by special ordinance we passed we
are holding this hearing to inquire into
the status of an official of the city
and 1t is a very extreme ursupation OF
power on your part to say that you
are the only one that has anything to
do with It.
Commissioner Lane: Very we'll, bring
in the minutes.
Commissioner Weatherly: know
what those minutes are: they are with
reference to the distribution of vari-
Gus powers to the members OF the COM
mission.
Commissioner Weatherly: Captain
White, you are familiar with the prac-
tsce in the courts where they ask you
to tell the court how many witnesses
you propose to examine.
Captain White: In a general way,
but here we have hearsay evidence,
opinions, conclusions. differences and
everything else that we have got to
meet.
Commissioner weatherly: I want to
state right here that no one can excel
me in the sense of fairness and JUS
tice In this hearing or any other hear
ing, but do not propose to let the COM
mission be tied down here for an lit
definite length Of time on this hear
ing.
Captain White: May ask you wheth-
err you think II is fair to try this man
on hearsay evidence and inferences?
Commissioner Weatherly: I think it
IL right for us to admit that kind of
testimony in this hearing. We will give
it the weight 1t is entitled to. no more
and no less.
Civil Service Regulations
Judge CASTOR: Would you gentlemen
mind mo reading section of an act
to provide civil service regulations Of
officers and members Of. the police
force. page e81. Of the general acts
Of Alabama Of 1911. that governs this