The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1924-04-10
alleged that the judge was biased and
prejudiced. T.,
CLAYTON Makes Request

5-t.
alleged that the Judge was, biased and
prejudiced.
Clayton Makes Request
In his discussion Judge Clayton re-
quested Attorney General Davis to APP
pear personally as a representative of
the state in the future. This request
was coupled with the declaration that
he had high regard for Mr.. Davis
and that troubles would have been
avoided had he represented the state.
Attorney General Davis told the court
he appreciated the compliment, but that
since he had designated the states legal
and that he took the responsibility for
anything done by them during the pend
ency of the gas case.
In the court room at the time the
motion was made were Attorney Gen
eral Davis, Hugh White, special assist
ant attorney general, and Frank J..
Yerger of, Mobile, city attorney, who
have appeared as attorneys for the
state throughout the trial of the litiga-
ton: the three members of the public
service commission. President A. G..
Patterson. and Fitzhugh Lee and Frank
p. Morgan, associate commissioners,
and Harry T. Smithof Mobile, counsel
for the gas company.
all members Of the public service
commission signed the affidavit carry
ing the petition. In addition, affida.
Wits were presented by Hugh White,
special, assistant attorney general, and
Judge A. A. Evans, assistant attorney
general; setting forth occurrences in the
district court since the Mobile Gas COM
pany carried its valuation case to the
court. The commission contends that,
in the light of the occurrences, it will
be unable to receive the proper consid-
Grafton from Judge Clayton.
Judge InsuIted SRI
Mr.. White alleged that Judge Clay
ton became insulting during a confer
ence which followed the action Of the
public service commission in obtaining
an order from Judge Bryan at New
Orleans permitting an appeal to.sthe
United States supreme court from
Judge CIayton's decision in favor. of
the. MobileeGas company. In reference
to Judge Clayton's remarks, MIR.
Whites affidavit said: s%s-s-9
LAT the honr and place designated
by the district judge, affiant appeared
for. tha purpose of requesting thatssaid
papers 1.-THE papers permitting an ap-
pea) be filed in accordance with the
order Of said Circuit Judge Bryan and
upon being admitted to the office Of
said district judge, the district Judge
Immediately launched into a torrent of
criticism, abuse and insult toward said
defendants and their attorneys because
they had made application for said APP
peal to said Circuit Judge Bryan at
New Orleans. the said district Judge
was highly insensed and indignant and
said, You slipped off to New Orleans
to obtain appeal; it was underhanded
and cannot describe it as less than
sneaking.' Said district Judge used
other language Of like tenor and effect
as expressing his opinion of the con.
duct Of the defendants and their at
torneys in going to said District Judge
Bryan as aforesaid for the purpose of
obtaining said appeal"
Mr.. White further declared. that he
sought in a respectable manner to get
the district judge to allow an explana-
tion but that "the said district Judge
ignored the request of affiant to be
allowed to set out all the facts and
circumstances In said matter, and pro-
ceeded to pour forth his torrent Of
abuse and insults upon defendants and
their counsel"
Clayton Out City
The affidavit alleged that It was
necessary to go to New Orleans to
obtain the right of an appeal because
Judge Clayton was in Jacksonville,
Fla, had indicated that he would not
return until the expiration of the time
allowed for an appeal, and there was
serious doubt that Judge Clayton, out
Of his district, could grant the appeal.
It was further alleged that the affiant
wired Judge Clayton at Tampa advis-
ing him of the application for appeal
and that Judge Clayton did not make
answer to the telegram.
Judge Clayton later advised that he
would return to Montgomery on a GER
tain Monday night, according to the
affidavit. This would be ON. the night
the time limit for appeal would have
expired. On receipts OF this informa-
tion, Mr.. White went to New Orleans
and obtained from Circuit Judge Bryan
the authority to carry an appeal to the
| United States supreme court. Judge
Clayton returned to Montgomery on
Saturday morning instead Of the fol-
lowing Monday night and it was during
a. conference following his return that
Judge Clayton charged the commission
with slipping off to New Orleans, ac-
lcoFding to the affidavit.