The age-herald., 1899-10-08
Result of Muddle Over City De-
 tective Question.
clTY's RIGHT TO ELECT OFFICERS
Claimed That the New Charter Abol- ished Commission Act and Gave Full Power to Council to
 Govern the City

The question of the validity of the act creating the board of police commissioners has arisen in connection with the city detective muddle and some sensational de- veopments may be expected.
 It Is claimed that under the provisions of the new city charter which was adopted February 23, 1899, two months after the passage of the police commission acts that the power is relegated to the board of mayor and aldermen to regulate and con- trol the police affairs of the city and to elect such officers they may see fit and think necessary for the government of the city and that all acts in conflict with the provisions of the charter are repealed.
 The question of authority is the direct result of Mayor Drennen's refusal to recog- nize the two city detectives who were elected during his absence under an ordi- nance fathered by Alderman Syl Daly, of the Ninth ward who has already taken steps to have the questioned tested. He will bring the matter to the attention of the city council at the next meeting and will make an effort to have that body take it up.
 Statement by Alderman Daly
 Alderman Daily was seen. yesterday by an Age-Herald reporter and gave out the fol- lowing statement, based upon legal ad- vice:
 'I am clearly of the opinion that the act creating the board of police commissioners was repealed by the new city charter, and that the city council not only has power to elect city detectives, but the entire police force as well. '.As the mover of the resolution provid- ing for the appointment by the mayor and aldermen of Birmingham of two special detectives, l desire to state facts in con- nectdon with this official act of mine, espe- cially in view of the fact that the mayor declines to recognize such officers.
 "On the 9bh day of December, 1898, the act of the general assembly of Alabama was approved, entitled An act to provide the manner of selecting the police force in the city of Birmingham, and to provide for the efficient mana cement of the police force of said city," This act consists of eight sections only, to-wit: ...s |" Section l, which prescribes the manner of selecting such commissioners and their tenms of office.
 " Section 2. which provides for a success sion of office of commissioners.
 " Section g. which provides for filling va cancies in said commission in case of death or resignation. "4Section 4, declaring vacancies to exist when a commissioner becomes a candidate for other office.
 "'Section B. which prescribes the terms of office of commissioners and policemen.
 ''Seot1on S. which says the mayor and aldermen are to elect the wardens and con- trol the jail. "Section 2, which provides that such commissioners shall not spend, more than $2500 per month for salaries of policemen, without consent of the board of mayor and aldermen.
 "sectIon 8, which repeals conflicting laws then December g, 1S9S) existing.
 ''The act contains no further provisions and no other sections. It does not grant a single power to, nor prescribe single duty for, said commission.
 City Charter Act
 "On the 23d day of February, 1899, more than two months after the passage and approval of the police commission act, the general assembly of Alabama passed an act entitled An act to establish a new charter for the city of Birmingham, Ala. Section IT enacts That all laws and parts of laws in conflict with this act be and the same are hereby repealed Therefore, if 1t is shown that any conflict exists be- tween the police commission act of 1898 and the city charter act of 1899, 1t is clear that the former ethe police commission acD is repealed.
 'sThis new charter of the city places in the hands of the board of mayor and aldermen certain rights, powers and duties to per- form and among them are these: Under section 3, police powers and authority; section provides that the government of said city shall consist of, and its corporate powers shall be exercised by, mayor and eighteen QS) aldermen Section 2B that the board of mayor and aldermen shall have full power and authority to make, adopt and declare motions, resolutions, by laws and ordinances in whatever manner and upon whatever subject they see fit to carry out the powers granted and for the good government and order of said city, and further shall have the power to punish by law a misdemeanor against the state, etc.
 "Section a2 of this charter especially pro- yides as follows that: The board may elect such officers as they may see fit and think necessary for the good government of the city, and to carry out the power herein granted, and may prescribe the duties of such officers, tper liabilities and powers and terms of ofice and fix the salaries of the same.
 Extraordinary Power
 "And then, too, by this charter the mayor of the city has extraordinary powers and duties conferred upon him, which, under his oath of office he is compelled to enforce and obey. Among them are these: Under section 21 of the act: He shall have and exercise general supervision over all the