The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-08-26
HENDERSON WILL
NOT ''OK" EXPENSE
OF G|RARD INQUIRY
Open Rupture Now Between
Governor and Attorney
General Martin as to
the Matter

Montgomery, August 25.-(Special.)
Open rupture between Gov. Charles
Henderson and Attorney General Will
liam l.. Martin has occurred. Whether
expenses incurred by the attorney gem
eraI in making criminal and civil in
vestigations in the state, is the ques-
tion involved. The governor maintains
that such expenditures must have his
consent and approval and that he may
use his own discretion. Attorney Cen
cannot exercise discretion, but under
the "attorney generals" act of 1918
must approve such expense accounts
when incurred in accordance with that
law.
The controversy comes as a result of
the Investigations made by the attorney
generals department into conditions ex-
listing in Russell county, with particular
reference to expenditures incurred by the
oCPdl tlAlSItL Ill pIOpllS Tic IIldLleT VI Tie
impeachment of former Sheriff P M.
Daniel of Russell county, who was re-
Gently dismissed from office by the su-
preme court. The governors flat refusal
to approve thn expense account of j. R.
Daily, employed by the attorney general
as special agent in the probe, today
precipitate ted legal proceeding in which
Daily, through the attorney general, seeks
to compel the governor to approve his
account of $171.05. An application for
q writ of mandamus was filed this morn
ing before Judge Loon McCord of the cir
cult court, directed against the chief
executive Judge McCord has cited the
governor to appear before him September
% at 1G a m. to show cause why the
pererlntory writ should not be granted.
MUCH CORRESPONDENCE
Simulta neous with the entry of the le-
gal proceedings, Attorney General Mar
tir made public a batch of correspon-
dence which has been passing between
him and Governor Henderson since July
Is, with reference to this specific account
and the authority of the attorney general
to incur expenses in making investiga-
tions without obtaining the governors
consent.
Differences between Governor Hender-
son and Attorney General Martin are
caused by section of an act of the leg
islature. introduced by Senator benson
and approved by the governor September
e. 1915. This statute became Familiarity
known as the attorney generals bill''
and when originally introduced carried
much more power than in it's present
form. AS passed, it was looked upon as
a compromise measure between the gov
ernor and the attorney general.
READING OF SECTION
Section of this act says:
1.-THE attorney general is authorized to
incur such expenses as may be necessary
in the investigation of violations of the
criminal law, in the prosecution of crime,
and in the conduct. investigation and
prosecution of any civil cause in which
the state is Interested or the states rev.
tanned for the attorney general and his
dSSlSldHlS 10 Incur SUCH lFdNeunS eX-
penses in the performance of their duties
as may be necessary, and the like ex-
penses of solicitors travelling in OBJ edi-
ence to the direction of the attorney gen.
eral as herein prescribed shall be paid,
and such other incidental expenses of the
office as may be necessary. All such
expenses shall be paid by warrant drawn
by the state auditor upon the certificate
of the attorney general of accounts prop
erly itemized and sworn to, such certifi-
cate to be approved by the governor
1t had been known for sometime that
differences existed between the two Of
ficals with reference to authority in MAX
ing such disbursements, but the matter
did not reach an open break until this
morning following a letter, in the way
of an ultimatum, written to the governor
previously giving him until today at noon
to alter his course. The executive yes
terday replied to the ultimatum, remain
ing steadfast and declaring that he did
not believe the attorney generals act
contemplated such unbridled expenditures
and that leach act toward consummating
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