The Birmingham age-herald., 1915-10-20
WINTERS NAMED TWO
 WHEN ROSS REFUSED

'The above petition was adopted by your police committee and request was made of the president of the city coun- cil to call a meeting of the same at that time and place as majority of the members of the city council were then present. The president of your honorable body declined and refused to call a meet ing of the council so that you could have the opportunity of selecting two citizens of the city Of Bessemer to represent you. On the refusal of the president to call such meeting, MT. B. G. Perry, the repre- sentative of the solicitors office, agreed and did permit the chairman of the police committee to name two citizens to serve on this committee, which he did. The solicitor named two citizens and these four named a fifth citizen, thus con stituting the committee agreed to by the police committee. s- Your committee then proceeded to hear the evidence relating to the issues agreed upon. After a careful consideration of the testimony, we are pleased to know that the counsel representing the parties interested, by reason of the charges pre- ferred by the grand jury, made the pub lie statement, in the hearing and presence of most of the parties concerned, that the investigation had been fair, impartial to all parties. and that he felt that all had received fair and impartial treat
 ment and consideration at our hands.
 
 That Patrolman or Detective A. D. Mad dox has been guilty of cruel and in- humane treatment to defenseless, weak and unprotected prisoners and has used his office or position under the guise of disposing of property by means of an al- legged raffle In selling chances for mone- tary consideration to those engaged in
 an unlawful occupation. and has commit ted other acts in violatoin of law and that he be discharged from further serv- lees to the city of Bessemer
 That E. Ross, Ellis Houston and Rob- ert Chldress have been guilty of cruel and inhumane treatment in assaulting and beating helpless and defenseiess prrs-
 oners without provocation or excuse ex- cept, for the purpose of procuring con fessions or information against others, and that they each should be discharged from further services to the city of Bes- semer.
 That c. Ross has been guilty of inso- briety or drunkenness Tor number of days and on different occasions while on duty as a patrolman, and that he should be discharged from further serv-
 ices to the city of Besserner.
 That Carl Goodwin, to whom alusion was made by said grand jury. insofar as we are able to ascertain has not been guilty of the conduct alleged.
 LEWIS NOT DILIGENT
 IN PERFORMING DUTY
 Honorable I. A. Lewis, mayor, being the official head of the city or chief ex- ecutive. is chargeable with the duties of being responsible for the different de- pa artments. We are unable to compre-
 hend how. if he had been diligent in the performance of his duties. he could have been ignorant of the fact that his fines or penalties placed upon A. D. Maddox for assaulting prisoner, while testi- lying as a witness had not been collected
 or enforced, thus making a farce out of hos official acts; and that he should have heer Ignorant of the treatment inflicted upon prisoners by the police Is unex- plained by the evidence. Our conclusion,
 therefore is, that he has not been diligent
 in performing his official duties.
 "As to the second issue involved, our opinion is that the evidence discloses that Mir George Ross, member of this committee, is also president of the city council, thus having the appointing power or all the committees and that he placed himself on the police committee. Having two brothers at that time and now em- ployed by the city of Bessemer on the police force; that his attention has been called to grave charges of misconduct on the part of one of his brothers. and that he took no official action relative
 thereto; that he instructed the chief of police in person of his lack of power to suspend a patrolman, but that his au- l thority was confined to the prefering of charges against the patrolman to the | committee of which he had made him. | self a member; and that he had pre-
 pared d set of rules or regulations gov erning the police. department and these
 rules. provide tlMt the committee on which he had placed himself were the sole regulators of the police. We find further
 that Mir. Ross, while president of your
 body, and while q member of the police | committee. discussed with a patrolman and dema nded his reasons for his making
 an arrest for the violation of a city or-
 dinance. and that Mir. Ross was employ ed
 as counsel at the time by the person ar. rested to defend him, and he did defend
 him for the violation of said ordinance: therefore, we are of the opinion that Mr. Ross has been derelict in the perform
 ance of the duties of his office and we i recommend that he resign, and that you
 accept his resignation as president of the city council.
 Winters Also Negligent
 The evidence also shows that Dr. J. s. Winters. chairman of the police com
 mittee. and who under the la W and rules
 governing the police force has practi.