The Birmingham age-herald., 1915-01-06
Former Asks To Be Recused rom Sitting On Water
 works Case
roc MUCH PUBLIC
 TELLING ENGENDERED'
lloyd asks Chief Executive To Send iudge Who Cannot Be Intimi- aated'-Ferguson Declines to
 lear Statement of Boyd

'h ol the city court, notified op-
 counsel in the quo warranto pro- eesgi s brought by Dr. ". D. Hankins
 -AaL the Birmingham WatervorlSs company at the resumption of the hear Ing yesterday that he had decided not to proceed further with the case. and nao written the governor for special Jpdee 10 De appointed to try the issue He gave as his reason for declining to sit on the case that public feeling had been engenered to such a high pitch that the best interests of all parties concerned would be for an outside Judge to sit on the case. He passed the case until February 26.
 The passing of the case was much op- posed by Capt. Romaine Boyd and M M. Ullman, the former having sent a letter to the governor protesting that a special judge be appointed Tn the case at issue. When the court was convened yesterday morning Judge Ferguson stated that he had sent a letter to the governor asking to be relieved from the case and requested Ernest Matthews, deputy clerk of the court, to read a copy of the letter
 Declines to Hear Boyd
 After the reading of the letter Cap tain Boyd stated that he had written letter to the governor and asked to make statement in regard to the same Judge Ferguson stated that he did not desire any arguments as he had taken action on the matter, and it was settled for the time being. Cap fnfy was overruled by the court which was excepted to by the city attorney.
 In support of his action, Judge Fer guson stated that if he decided in favor of the relator it would be said that he yielded to popular clamor, and that if he decided for the company the charge would be made that he had been un- duly influenced, and therefore, 1t was best that some judge from the outside should be appointed to sit on the case. Captain Boyd stated that the effect of the ruling of the court was to give the respondant all that they asked for.
 Judge Ferguson ended the matter by calling in Sam Blake, clerk of the court, to fix the date which was later decided upon as stated above. The let ter of Judge Ferguson to the governor was as follows:
 FergusOn's Letter to Governor
 "The case of the state of Alabama, OK rel. w. D. Hankins, vs. Birmingham Waterworks company is up for trial in the city court, before me, and we are now engaged in the settlements of the plead ings. A great deal of feeling has been engendered in this case up to this Joint and doubtless more will develop later. l have set the trial on the facts of the case for February 8.
 When the bill in this case was pre- septed to me I had no other alternative than to sign it and set the case down to sit in the case by reason of his re- lationship to the president of the com pany and the other two judges of the city court whom I requested to sit with me in the hearing of this case declined to do so because of their other duties. l have never shirked duty imposed upon me by law and do not now desire to do so, yet on account of the feeling engen- del ed or which appears to have been en- gendered in this county, l do not desire to sit in this case This is a matter of of equal importance to the parties lti- gant as well as to the public in general that the presiding judge should be free from local influences, especially so as it is agreed by counsel that no jury trial may he had under section $40 of the cole under which this action is brought.
 ''It seems that section 3300 of our code of 1907 provides for just this sort of case, which section reads as follows:
 '' Section 3So0. Circuit judges and city and criminal court judges may hold court for one another.-Judges of the circuit court and of all the city courts, criminal courts or other courts having either the civil or criminal Jurisdiction of circuit courts may hold court for one another when they deem it expedient, and shall do so when directed by the governor in writing
 T do not apprehend that the legislature intended that any of the judges mem ticred in said section should make the ex- changes contemplated therein for their mere pleasure, but 1t was intended to meet just such an emergency case as this one now before me. I do not feel that can recuse lily seil III tnlS case, put under this section l think l have the right to appeal to you to appoint the supernumerar ry judge, Judge Aston, who is clothed with all the powers of a circuit judge in any of the counties of the state, or, if for any reason he cannot be appointed, I would willingly exchange with a circuit court or any of the city or criminal courts in the state
 If this matter cannot be attended to by you in the short time left of your turn this letter over to the incoming g governor Yours very truly,
 'CHARLES W. FERGUSON, Judge of the City Court of Birming-
 ham,"
 Captain Boyd's letter to the governor follows:
 Captain Boyd's Letter
 T note in the morning paper that on the amazing suggestion of counsel for the Birmingham Waterworks company that a judge of the city court of Bir- mingham has written to ask you to send special judge to Birmingham to try case now pending against the Bir- mingham Waterworks company. This waterworks company, although owned in Pittsburg. is Jefferson county cor poration, holding very valuable fran chises donated to it by the city of Bir- mingham, which it is charged has been willfully misued and abused. and this company ought to be willing to try it's cases before a Jefferson county judge
 "Plaintiffs have not even demanded jury to try this case and will be sat 1sfied to try it before any one or ali