The Birmingham age-herald., 1922-05-17


 ing school bonds the city commits sion has absolutely no discretion, but the statute says the commission shall call the election at the time re- quested in said petition. The father of the anti-bond movement knows that when he tells the people that the bonds should not be issued be- cause the city commission is in- capable of wisely expending tho money that he is deliberately trying to mislead the voters rather than give them the true facts. as he claims to be doing.
 Who Is Champion:
 Who Is the champion who was so eager to take up the cause fathered by Mir. Armstrong, and who Is to be the chairman of the speakers com mittee of the anti-bond bureau? It will be recalled that he Is one of the attorneys for the former administra- tion who fought side by side with Mr. Armstrong. It will be recalled that 1t is this legal light who sought to inject into that campaign the bitter religious prejudice He. too. was un- satisfied with the decision of the people of Birmingham in that cam paign. He was not willing to abide by the majority decision, but on the other hand, has sought diligently to obstruct the progress of the present commission at every turn.
 This former employe of the city IS the attorney who appeared spe- cially to direct the efforts of the recent grand jury relating to that investigation know that 1t had its origin in politics alone. If there were any doubt about the animus or intention of this special prosecutor peiore the grand jury. 1t was set at rest by statement of the prosecu- tor himself at the time the grand jury was called together in special session.
 After McLendon
 This self-constituted guardian of the people and their rights stated substantially to Hon. ". F. Dick son, one of the commissioners. at the time the investigation of the city hall affairs was instituted that he was not afteS MT Dickson, but that he was going after D. E. Me- Lendon, and that If he did not get McLendon at that time. that he would before his term of office was over. With this avowed intention he commenced the so-called investiga- tion of the city hall affairs.
 4sAdAy PtOPle nave DtSu CuT1OuS to know by just what authority Wilkinson appeared before the grand jury in this investigation. There are only three possible sources of this authority-the governor of Alabama, the attorney general and the circuit solicitor. All three have disowned him as the following shows:
 Western Union Telegram.
 Montgomery, Ala, April 19, 1922.
 Hon. D. E. McLendon,
 President of city commission,
 Birmingham, Ala.
 Message received. Horace Wilkinson not working under governors authority in grand jury investigation.
 wM A DARDEN.
 Secretary to Governor.
 Western Union Telegram, Montgomery, Ala, April 20, 1922.
 Hon. D. F. McLendon,
 City commission, Birmingham.
 Horace Wilkinson Is not rep resenting the attorney general in present grand jury investiga- tions.
 FAREWELL c. DAVIS,
 Attorney General.
 May l, 1922.
 Hon. D. F. McLendon,
 President of city commission.
 Birmingham, Ala. Dear Sir:
 Received your favor of April 2s, inquiring as to whether or not Hon. Horace Wilkinson has been or is working under an au- thority from me as solicitor in the investigation of the city af- fairs
 Before and at the time of the beginning of this Investigation. Mir. Wilkinson informs me that he had had a commission as spe- cial assistant attorney general and that this was his authority to join in and assist In this in vestigation. I do not know whether he Is commissioned by the governor or the attorney general. Yours very truly,
 JOSEPH R. TATE. solicitor"
 Attempt to Use Grand Jury
 'HThere is something radically wrong when an attempt is made to use the grand jury for purely polit- icaI purposes. This body was ere ated and exists for the purpose of enforcing the law. It is one of the strong arms of the government. Its powers are broad and comprehen- sive. When there is a patent at- tempt to prostitute these powers for purely political purposes. Is it not time to call a halt? Fortunate ly, the grand jury itself could not be made the tool to serve the politi- cal purposes and the private animosi- ty of this prosecutor. It appears that they have refused to lend them selves to this scheme.
 Was this investigation by the grand jury instituted as a part of the propaganda to defeat the bond is- sue? It will be recalled that there was a joint meeting of the board of education and the city commission on the third day of April, 1922. On the next day the several proposed