The Birmingham age-herald., 1922-07-11
COMMISSIONERS FREE AS MORROW
 MOVES ID QUASI
Indictments Mol Pressed When Assistant Solicitor Ills Court They Were
 Political

Alter ION. InOmAS f3. AllpN anu Attorney General Harwell c. Davis had arrived to testify in the case and jury had been subpoenaed, indict- ments returned against President p. E. McLendon and Commissioners W, B. Cloe and w. E. Dickson were mol pressed yesterday by Judge H. F. Heflin This action was taken on the recommendation of Assistant Solicitor John C. Morrow.
 All Three Exonerated
 The commissioners now stand eN' orerated of all charges instituted against them by the grand jury after special city hall investigation di- reeted by Horace c. Wilkinson. Im- reachment proceedings which were also started against the three com missioners were dismissed two weeks ago by Judge Heflin.
 Were Political Presentments
 In recommending that the indict- ments be thrown out of court, So- lIcitor Morrow declared that they were no more than political prose cutions instituted by persons who have grudge against tho present commissioners. 1 see no merit in the charges,n continued Mir. Morro", and l feel that 1t ia my duty as 4 sw orn officer of the law to ask that they be mol pressed" Assistant Solicitor John c. Mccoy also recom- mended that the charges be dis missed.
 Black Ready to Fight
 Attorney Hugo l.. Black, represent ing the commissioners, when asked by Judge Heflin If he had anything to say. replied that he did not ex- cept that tho indictments were brought for political purposes. While far the the docket mol pressing the cases, Attorney Black remarked in humor- ous vein that he had done lot of work in preparation for the case for 1t to end without fight.
 In proof he submitted q brief book full of motions and citations of law He definitely stated that he was pre- pared to move the quashing of the indictments on the grounds that they were illegally brought on account 1f the presence of Horace C. Wilkinson in the grand jury room.
 Solicitor Morrow entered his recom- mtndation that the charges be mol pressed Just after Judge Heflin had finished empaneling grand jury. Although 1t was only 11;30 o'clock and the trial of the commissioners was not to begin until o'clock, Att torney Black was in the courtroom as If by tacit understanding that Solicitor Morrow would ask that the cases be dropped.
 Governor KIlby Here
 Governor Kilby and Attorney Gen erai Davis. who were the only wit resses summoned by the defense, had already arrived in Birmingham from Montgomery when they learned that the cases had been disposed of with out going to trial. The two state officials had been summoned by re- quest of Attorney Black in order that he might determine what authority, if any, Judge Wilkinson had to dl- rect the grand jury investigation. Wilkinson Absent Wilkinson was not present in the courtroom when the indictments TO- turned by his assistance were mol pressed. Neither did he assist in tho prosecution of the impeachment pro- ceedings which were dismissed by Judge Heflln on the ground that if proven they were not sufficient to remove the commissioners from of- flee. He announced at the time that he was sick. He has recently re- turned from Borden Springs, whore he went for his health.
 Carter Also Away
 George R. Carter. who stated dur ing the hearing of the impeachment proceedings that he had been em- ployed to represent clients in the case, was not present in the court room yesterday. although 1t is under stood that he was preparing to take mart in the trial which was to have begun at o'clock.
 After the cases had been disposed of a venire of 25 men who had been summoned from which a jury was to have been selected. were discharged. All expenses in the case. including the $3 paid each of the 25 men for days service, will be borne by the state.
 AIIege Job Promises
 The indictments returned by the grand jury charged President Me- Landon, Commissione Cloe and Dickson with making reelection promises In violation of the corrupt practice act. Names of those to whom the commi missloners were alleged to have promised jobs were named in the indictments.
 The impeachment proceedings which were dismissed by Judge Heflin two weeks ago, charged the three com missloners with derilection of duty in that they refused to discharge George Moore and Jim Hughes city employees. According to the grand jury, Moore and Hughes were guilty of graft.
 pre-EIectfon Charges It was only a few days before the bond issue election that the grand jury made it's special report alleging Irregularities and disregard of She law at the city hall. Tn a statement issued by the commissioners, claim