The Birmingham age-herald., 1922-05-21
CITY COMMISSION MAKES REPLY ID. GRAND JURY REPORT
Judge Wilkinson Object of Wrath of Commissioners. Charges of Grand Jury
 Ignored in Reply

tS0A its report was "a weak and cowardly attack" the members of the city commission make answer to the re- port of the grand jury in the follow ing signed statement:
 Political Propaganda
 The political document so labori- ously sought by Horace Wilkinson. champion of the movement against the school bonds has been made pub lie in the form of a grand jury re- port. A casual reading of this re- port on the affairs of the city of Birmingham stamps 1t unmistakably as the unadulterated political propa- ganda of Horace Wilkinson. the self appointed prosecutor who was unlaw- fully permitted to appear before and influence the grand jury.
 Notwithstanding Wilkinson.s state ment to the contrary. the facts plain iy show that his appearance before the grand jury was without ves- tige of legal authority. Certainly 1t was on hts own initiative, as appears even from his own statement.
 He publishes and relies upon a letter from Solicitor Tate of May IT. in which MT. Tate says:
 "At the time I wrote Mir. McLendon had not seen your commission. but was informed that you held this com- mission. You appeared before the present grand jury under that com- mission and with my consent.
 Yours very truly
 JOSEPH R. TATE. Solicitor
 stnte Representative
 Even this letter clearly shows that Mr. Tate did not ask for Horace Wii- lrt~ fe hut al scented to his appearance before the grand jury az state representative. Wilkinson says. NO one has ever claimed that this investigation was ordered by the governor or attorney general" Thus 1t appears that the investigation was not asked by the governor or the attorney general or by Solicitor Tate, the representatives of the state and county and the only representatives who are charged with the general duties of such matters.
 Then upon whose initiative did Wilkinson appear. If not his own, and that of his political henchmen, dis- appointed job hunters. and disgrun- tied and sore-headed ex-city em- ployes? Why. if there was neces- sity for such investigation, was it not handled by the usual representatives of the state and in the usual way such things are presented2
 Self Convicted
 Clearly therefore, according to his own statement and admissions. Will kinson stands self-convicted of being the prime mover and promo ter of the grand jury investigation. His own lips condemn him: Thine own mouth eondemneth thee, and not I: yea, thy own lips testify against thee,' Job. 15-6. But Mir. Tate's consent in this unlawful ap- pearance before the grand Jury could not and dtd not authorize it.
 Deny Authority
 Tate says he consented on the strength of commission held by Wilkinson from the Governor or at torney general, which he had never seen, but both the governor and the attorney general deny that Wilkinson acted under the authority of either of them. as is shown In these plain terms:
 Western Union telegram.
 Montgomery, Ala, April 19. 1922. Hon. D. F. McLendon, president of city commission, Birmingham, Ala. Message received. Horace Wiikin- son not working under governors authority in grand Jury investiga- ton.
 "WILLIAM A. DARDEN,
 Secretary to Governor
 Western Union telegram.
 Montgomery, Ala, April 19, 1922 Hon. D. E. McLendon. city commits sion, Birmingham, Ala.
 Horace Wilkinson Is not represen- ting the attorney-general in present grand jury investigation.
 "Harwell c. Davis,
 Attorney General"
 Corrupt Practice Act
 1t Is easy to reply that a state- ment 'is tissue of falsehood." But such denials do not change the facts. When he was charged in the recent campaign with, seeking to influence voters in violation of the corrupt practice act. while an employee of the city. 1t was equally easy for him to reply "unfumigated liar" A grand jury investigation is intended to be for the benefit of the state only, con- fidential and secret The accused cannot try his case there. When self-constituted prosecutor, without any authority of law, who is an avowed political enemy. spreads his poisonous political propaganda and attempts to hide behind the grand jury, is 1t fair play?
 Grand Jury Report
 It will be rem membered that the Court in his charge to the grand jury asked no investigation of the city hall affairs, and made no mention of the same. It is noteworthy that this jury made it's Investigation and ex- amined it's witnesses nearly month ago, and adjourned until May 24th, and was suddenly reconvened on tho eve of the bond election. and has signed the political document and de- livered it to newspapers before first reading the report to the court or presenting it to the court. While this report is formally addressed to the court, 1t was evidently intended primarily for the newspapers, since 1t went to them first, an unprecedent- ed procedure.
 Made a Tool
 It is difficult for one unacquainted with the situation to conceive of how grand jury could allow itself to be made the mere tool of a discharged office holder. But when 1t is scon- sidered that one of the members of this grand jury is Wayland Jones. the discharged manager of the municipal garage, 1t may not be so hard to understand why he recommends the summary dismissal of his successor, Barney Phillips. against whom no ac- cusations whatever are preferred in the grand jury report. When 1t is known that MT. ]. R. McLendon, q member of the grand jury, is a brother -in-law of W. W. Tucker, the discharged secretary of Commissioner Cloe, and that Tucker has a suit pend- ing against the present commission ers. individually. for t50.0o0 damages for his discharge, in which Wilkin- son represents him, further light is thrown on the situation.
 viciouA Propaganda