The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1915-01-07
PERCY WR|TESTO
THE GOVERNOR ON
WATERWORKS CASE
Says Letter of City Attorney
Boyd Was Incorporate
and Unusual
MADE NO ATTEMPT TO
INTIMIDATE JUDGE
Says Charge Is observation-disclosures
BOyd's Letter Was Inspired BY
Wrath Caused BY Being
Overruled by Court

Judge Charles w Ferguson of the
city court yesterday declined to say
anything further on the Hankins quo
warranto proceedings against the Bir-
mingham Waterworks company stating
that newspaper controversy about the
matter could serve no good purpose and
that it was now in the hands of the
governor
walker Percy of counsel for the wa
terworks company forwarded letter
to the governor yesterday In answer
to the one sent by Capt. Romano
Boyd. He declared the letter to be in
temperate and said the charge that he
had tried to intimidate Judge Ferguson
was too ridiculous to warrant serious
reply. Mr.. Percy's letter follows:
"on yesterday Judge Charles W. Fer
guson wrote you requesting that, pur-
suant to section $500 OF the code OF
Alabama, you appoint a judge from a
county other than jefferson to take his
place in the trial OF the case of state
ex rel Hankins VS.. Birmingham Water
works company, Judge Ferguson con
sldering such action expedient.
Fergusons letter was written, MIR. Ro-
maine Boyd. city attorney of the city
OF Birmingham, and counsel for the re-
lator in the HanlSins suit, wrote you a
letter commenting In Incorporate and
unusual language upon the letter writ
ten by Judge Ferguson. 1t does not ap-
pear from Mr.. Boyd's letter whether he
opposes Judge Ferguson's request for a
temporary exchange with some other
judge or desires that you refuse Jude G
Ferguson's request.
Mr. Boyd in fact does not appear to
intend to indicate in his letter whether
he opposed or favored Judge Feguson's
request that for reasons which he
deemed expedient he should temporarily
exchange with some other Judge in con-
nection with the trial of the case In
question. The apparent purpose OF Mr.
Boyd's letter was to give vent to his
pent-up wrath an doutraged feelings
or course. all lawyers recognize law
yer's ancient privilege of cussing the
court and everybody else. for three days
after the court has declined to rule
in accordance with his preconceived
ideas, but the general etiquette of the
profession Is that cussing of this char
acter should be done privately and
among sympathetic friends, and not
through the columns OF the public press.
The professed point OF Mr. Boyd's letter
is to ask that II you decide to send
judge to Birmingham to exchange with
Judge Ferguson for the purpose of try
ing the Hankins case. that you send q
Judge who cannot be inundated by the
counsel for the Birmingham Water
works company, referring to myself
No Attempt to Intimidate
The implication that inundated or
tried to intimidate Judge Ferguson IN
the trial Of the Hankins case Is 40 ut"
terly ridiculous, as not to deserve or
warrant serious reply. l have practiced
law for many years In this community
and in this state. In the trial of all
cases l have sought first, never TO
bring a case that did not believe to be
meritorious; next. to handle all litiga-
ton with care and diligence. with the
utmost loyalty to the interest of my
clients, always fearlessly and always
with fairness and courtesy to the court
and to opposing counsel
II have endeavored always to re-
member that in the trial of cases / am
an officer of the court. should simply
treat with silent contempt the sugges-
ton that I had tried to intimidate or
would try to intimidate any judge of
any court in any case or for any pur-
pose The insinuation, however. made
by Mr.. Boyd. with reference to Judge
Ferguson's suggestion for an exchange
of judges, rejecting. as IL seems to me
to do, upon our Judges and. courts, made
in the public way in which he has made
1t, apparently should not be ignored.
The quo warranto proceedings instituted
in Mr.. HanlSins' name against the water
company Is based upon various acts or