The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1924-04-15
JUDGE REVERSES
HIMSELFN GAS
VALUATION CASE
Refuses To Allow Anoth-
er Judge To Consider
E. Mobile Litigation
Estate Capital Bureaul

MONTGOMERY, Ala, April H.
Judge Henry d. Clayton of the federal
court has created another sensation by
issuing an order refusing to recuse
himself in the Mobile gas case. An Of
fetal order issued by, Judge Clayton
Saturday afternoon was delivered to
Harwell G. Davis, attorney general,
Monday.
1t was the first information the public
had that Judge Clayton had reversed
himself. He announced from the bench
last week that he would recuse him
self. This announcement was made after
the public service commission, through
Attorney General Davis and its other
attorneys, filed motion alleging that
Judge Clayton was biased and preju-
diced against the public service COM
mission and asking that. he recuse him
self and permit another judge to handle
any other matters arising in the gas
case. 3i
The state did not have an opportunity
to make an argument In support of its
motion. The motion. was filed at noon
last Wednesday following the refusal of
Judge Clayton to accept it on Mon
day. When it was submitted Harry T..
Smith, counsel for the Mobile Gas COM
pany, was present as the representative
Of the gas company. The public service
commission was represented by Attor-
ney General Davis and Hugh White.
special assistant attorney general in
charge of the commissions litigation,
and Frank j. Yerger of Mobile, city
attorney, who has appeared with Mr..
White as an attorney for the state
throughout the litigation.
Offered TO Withdraw
3 When Attorney General Davis filed
the motion, Judge Clayton made state
ment from the bench in which he said
in effect that he would withdraw from
the case, that the mere intimation that
be was not wanted was sufficient and
that another judge could pass upon the
condensed statement of evidence, which
is required for an appeal to the United
States supreme court.
Judge Clayton further said that he
would prepare the order in form that
would meet the approval of the attor-
ney general and requested the attorney
general to confer with his later. 1t be-
came known today that the attorney
general to confer with him later. 1t be-
ference with Judge Clayton during the
day. When he reached his office he
found the formal order holding that the
presiding Judge could not withdraw and
that he would pass upon the remaining
issues in the case.
In the formal motion to Judge Clay
toni the public service commission al
legged that he was biased and prejudiced
against the commission, that other inn
portant issues in the gas case remained
to be settled and that it was forced to
ask for another judge to consider the
remaining issues. The commission al
legged certain utterances of Judge Clay
ton in support of the motion. One was
that Judge Clayton referred to members
of the commission as smart" boys and
that he would teach them a lesson they
would not soon forget. An affidavit of
Mr.. White alleged that Judge Clayton
accused him of "sneaking" to New Or
leans to- obtain from adge Bryan an
appeal to the UnitdN States 4pnxame
court from Judge q fou sion ID
favor Of the Mobile q As company An
affidavit Of Judge "A. "a. Evans, as
sistant attorney general supported Mr..
Whites allegations, but stated that MFR.
White did not go as far as he could
have gone.
Wanted Another Judge
Following the filing of the motion,
Judge Clayton, from the bench, made
the following declarations regarding his
retirement, according to a stenographic
report: liz
Now / do not wish to pass upon
that question 1.-THE approval or disap-
proval of condensed statement of evil
dence for the United States supreme
COURT very frankly, had hoped that
the attorneys would agree upon what
this record should contain and all that
would do would be to sign it as the
agreement, but it seems that they can't
agree upon what should go in the rec
ord, in this condensed statement of it,
and if that be so, then / would prefer
that some other judge settle that.
$50 there is nothing in this case now
70 be disposed of except settling what
shall 60 in the record. / had hoped, as
! said, that that would be agreed upon
and that would be the end of the matter