Saturday, 27th September 1913: Cant Fire Man For Doing Duty, The Atlanta Constitution

Reading Time: 8 minutes [1221 words]

Chief J. L. Beavers in No Immediate Danger of Recall,

Declares

Mayor James G. Woodward.

Mayor James G. Woodward, leader of Atlantas charter reform advocates, is of the opinion that the adoption of the recall amendment to the city charter does not place Police Chief J. L. Beavers in immediate jeopardy.

The mayor characterizes all the talk that the recall was aimed at the police chief and that Beavers would be the first victim as all bosh.

Beavers is in no more danger of being recalled than any other city official, the mayor said.

in the first place it will have to be shown that Beavers, or any other city official for that reason, is guilty of some infraction of the law r the civil service rules.

Cant Fire Man for Doing Duty.

You cant fire a man for doing his duty.

Certainly, the people of Atlanta will not sustain any move to remove Beavers or any other officer for enforcing the law.

The adoption of the Recall amendment was the merest political accident.

Sincerest among the advocates of the amendment were the laboring men of Atlanta.

The measure was born at a meeting of the Federation of Trades and was urged when Mayor Woodwards committee of twenty-five had the charger under consideration.

When the mayors committee failed ot make the Recall a part of the charter drafted by Messrs.

McClelland, Candler and Hopkins, it was submitted to Councils committee.

That Atlanta will have another charter election next year has been amade evident through the activity of advocates of the straight commission government element of the city.

The initiative referendum and recall, was voted for by commission government men who voted against the charter, because it places in the hands of the voters a weapon with which they can force council to refer a commission charter to a vote of the people.

Woodward to Stand Aside.

Mayor Woodward is not likely to soon enter into another charter fight.

He said Friday afternoon that he did not receive the support promised him in his fight, and now that he has emerged from the contest with his feet clear he will let the other fellows take up the cudgel.

I dont mind getting into a fair fight, but I dont like the idea of working alone with such great odds against me, he said.

Very little support was given me in my fight to defeat councils vicious charter.

On the other hand, the opposition was organized and had money to spend for campaign literature.

If the people want charter reform next year Ill keep my pledge, made when I announced my mayoralty platform, and start the ball rolling, but I will have to be shown mighty plainly that Ill have support to the end before I turn a wheel.

Opponents of the present antiquated charter have the advantage in any new campaign which might be started for a new charter.

Council can draft a dozen charters, but the people can force, through the operation of the initiative, referendum and recall, a vote on commission charter.

The initiative and referendum clauses tacked on the old charter opens up other avenues for the people to get what they want in the way of legislation.

Can Force Legislation.

Council can be forced to refer to the people, for approval or disapproval, any sort of municipal legislation they want.

Any act of council or the mayor can be approved or disapproved by a vote of the people.

However, there is little danger of the much dreaded recall being put into operation in the immediate future, those who have not given careful study to the recall amendment have indulged in speculation and theory, and Chief Beavers and Mayor Woodward have been mentioned freely as being the first to feel the sitting o public disapproval.

There has been, as far as can be ascertained, no petition circulated for the removal of any officer.

Chief Beavers friends are not in the least apprehensive, and followers of Mayor Woodward scoff at the idea that the people are likely to yank him from the executive office.

It will require a petition signed by 25 per cent of the qualified voters to recall an officer.

It is qualified voters to recall an officer.

It is doubtful if that percentage of the voters could be induced to sign a petition against Chief Beavers, and in the event such a petition against Chief Beavers, and in the event such a petition should be secured the petitioners would be forced to show good and sufficient cause; in fact, they would have to show cause before starting the petition.

PAGE 5, COLUMN 3

SMITH AND ARNOLD INDICTED FOR FIGHT

Prominent Attorneys Are Placed Under Bonds of $200 for Courthouse Difficulty.

Burton Smith and Reuben R. Arnold, prominent Atlanta attorneys, the later president of the Bar association, were indicted for assault and battery yesterday by the Fulton county grand jury and are held under $200 bonds each.

The fight which brought about the indictment occurred May 22, when depositions were being taken in the fight to break the will of the late Joshua B. Crawford.

Attorneys Smith and Arnold were representing the widow, whom it has since been charged poisoned her husband, and C. W. Walton and W. H. Byrd took offense at a remark they allege Attorney Smith made to a woman witness in the case.

The affair took place outside the courtroom in the corridor.

In the indictments it is charged that Attorney Smith assaulted Walton, and that Attorney Arnold assaulted Byrd.

By a coincidence, Henry Y. McCord, who led the fight in the gubernatorial race for Senator Hoke Smith, brother of Attorney Smith, was foreman of the grand jury which returned the indictments.

A no bill was returned on the indictment drawn against John C. Cox, an attach of Attorney Arnolds office, whom it had been charged assaulted Walton during the affair.

PAGE 5, COLUMN 3

JUDGE ROAN TO HEAR LEO FRANK PETITION

Feels It His Duty to Wind Up Case

Before Going on Appeals Bench

That he regarded it as his duty to hear the argument in which Leo M. Frank, convicted of the murder of Mary Phagan, will ask for a new trial, was made plain yesterday in an unofficial statement by Judge L. S. Roan, who presided over the famous murder trial which lasted for nearly a month during the summer.

Judge Roan feels it is his duty to wind up the case before leaving the superior court.

Judge Roan is soon to take his place on the court of appeals, and Judge Benjamin H. Hill will become a superior court judge of Fulton.

The hearing is set for October 4, and it was believed that should it be postponed that some one other than the trial judge would hear the motion for a new trial.

Since Judge Roans statement, however, it appears that he will remain on the Fulton bench long enough, if possible, to allow the case brought before him.

Both the state and the defense are understood to desire that the judge who is already familiar with the details of the case, through hearing it, be the one to pass on the question of a new trial.

Both sides are working in preparation for the hearing, which, however, may be postponed from the date set.

Should the defense be refused a new trial by the superior court judge the case will be taken to the supreme court, and, if possible, to the United States supreme court.