The Birmingham age-herald., 1922-08-13
COOPER AND GAILLARD
 FIRE SECRETARY WHITE
 OF SERVICE COMMISSION
(Continued from Page one)

t(Ont1nueu rom rage OUe)
 Kilby advised MT. Patterson that his action had the approval of the ex- ecutive department and that the gov ernor's approval of the employment or MT. kirtland had been withdrawn.
 Cannot Collect Pay
 The law creating the public ser vice commission provides that the employment of persons in the depart ment. with the exception of the secre- tary, shall be with the approval of the governor. President Patterson contends that even though the as- sociate commissioners have rein- stated MT. Kirtland he cannot col lect any salary as his employment ceased the moment Governor Kilby withdrew his approval.
 Following the adoption of the res- olution dismissing Secretary White, Governor Kilby declined to discuss the events leading up to the action of the associate commissioners but authorized the following statement regarding Mir. White: The execu- tive department is supporting the position of the president of the com mission and MT. Hugh White, secre- tary of the commission, will be pro- tected. No complaint whatever has been registered against the services performed by MT. White for the state and the public service com mission"
 The associate commissioners aft CT dismissing MT. White, designated Mrs. Ella Beale as secretary pro tenn until a permanent secretary could be employed.
 The statement of A. G. Patterson, president of Alabama public service commission follows; T have just been furnished a copy of q statement dated August 12. 1922. by =. II. Cooper and $. P. Gaillard, associate members of the Alabama public ser- vice commission. said statement pur- porting to be d true account of what occurred at conference of the commi ssion. held in my office this morning. 1 am advised that the statement of MT. Cooper and Mir. Gaillard has been furnished the press for publication. and since said statement does not correctly repre- sent what occurred at said confer ence. l feel it to be my duty to make statement of the facts.
 During the absence of the two associate commissioners in their po- ltical campaign. I was the subject 4 of an unprovoked. vicious and pro- fane attack in my office by J. w. Kirtland. rate clerk of the commits sion. in which he used the vi,est profanity in the hearing of the la- 6ies employed in the office. I or- dered said J. w. Kirtland from the office and immediately discharged him and ordered him to vacate the office. Immediately upon tho re- turn of the two associate commis- sioners l advised them of my ac- ton. stating fully my reasons therefor, and requested their ap- proval thereof The associate com missioners refused to consider my : motion that they concur in my ac- $ ton in discharging an employe who had been guilty of gross in- subordination. neglect of duty and who had grossly and profanely in- 2 suited the president of the commits : sion. The associate commissioners then proceeded to pass a resolution discharging MT. Hugh White, secretary of the commission. refusing to state any reasons there for and without preferring any : charges against him. MT. White was dscharging his official duties 7 in the capitol building at the time. l declined to entertain the motion to discharge Mir. White, urg- ling that such action be postponed for a few moments until the secre-
 
 mission. and a proper record of the proceedings made. l further pro- , tested the discharge of Mir. White upon the grounds that following the action of the commission empl oying Mr. White as secretary at a salary of S3.600 per year l had, pursuant to and in accordance with said ac- h tion of the commission. as shown by it's minutes, made a contract em- : ploying MT White as secretary of the commission for one year. which contract had been approved by the governor and was on file in the of- flee of the commission. demand f ed to know for what cause they < proposed to discharge MT. White. My demand was ignored and the mo- :. tion to discharge passed as was also a motion to rescind the contract of employment.
 MT. White was unanimously 2 elected secretary of the commission upon the motion of Commissioner GaflIard. seconded by Commissioner Cooper, and during the seven months of his service in this capacity has dernonstrated marked ability in the dfecharge of his every official duty. Hs has at all times fully merited { ftra confidence of the commission and s- the general public MT. White be- ing a lawyer of recognized ability and Thoroughly familiar with all the Intricate details of the office 1t would, in my Judgment, be disas- trcus to the work of the commission to lose his services at this time This unwarranted and hasty action kV the associate commissioners, foi- 4 I.,~wjnr their overwhelming defeat af the polls in the recent primary ' Si1eflon. bears all the marks of epiteful political vengeance and of continued determination upon fSSfr part to disrupt the wprkine nrranixation of the commission at S{jse when many matters of vital fSsD6ffanoo to the public are pend- < 1nG.