The age-herald., 1900-07-13
MR. BARP AFTER
 THE COMMISSION Course His Proceedings May
 Take in Court. THE UNCONSTITUTI0NALITY Ofthe Board Set Forth and the Reasons That Are Offered For the
 Action By the Cir
 cult Court
THE UNCONSTITUTIONALITY

cult Court
 It is not known what immediate course | will be pursued in the Circuit Court in the | quo warranto proceedings instituted by Alvin N Earp, seeking to have declared l the Birmingham Police Commission to be l an unconstitutional body.
 1 These proceedings have by law prece- | dence over all other causes pending in l court. The Code of Alabama provides that | they shall be brought to trial within three l days after the beginning of the next term l of court. The next term of the Jefferson | County Circuit Court will begin Septem- l Der 24 1900. Whether the court may of it's own accord elect to consider this cause during vacation is conjecture. The judge of the court, the Hon. A. A. Coleman, is I at present absent from Birmingham. l The Supreme Court, to which the de- cision of the lower court might be ap- pealed in any event is not in session and I will not be before about the first of No vember, except nominally for day in the l latter part of August. The State Legis | lature will assemble about the middle of November, and it is common talk that it | Will be aSkeu to deal Wlln the Police Commission.
 Former Mayor David J. Fox and Thomas Rensford are sureties for MT. Earp the | relator in the quo warranto proceedings 1 The following is the paper filed in Mir Earp's proceedings:
 Mir. Earp's Plea
 The State of Alabama ex rel. Alvin N. Earp, and Alvin N. Earp ys. James h. Me Cary, Charles c. Chles, R. Vernon Mobley, Edwin L. Bridges, Samuel H. Norton, Thomas F. Parker, Jr and Albert Strad- ford. Information.
 To the Honorable A. A. Coleman, Judge Of the Circuit Court of Jefferson County, Ala:
 The relator Alvin N. Earp, who brings this action in the name and on behalf of the State of Alabama and who also joins as plaintiff with the State, exhibits this information against Jas. H. McCary Charles c. Chles, R. Vernon Mobley, Ed win L. Bridges, Samuel H. Norton Thomas F. Parker, Jr., and Albert Strad- ford, and the said relator respectfully rep resents that he is resident citizen of the city of Birmingham, Jefferson County, Ala bama, and is over the age of twenty-one years.
 First-That said James H. McCary, Charles c. Chiles, R. Vernon Mobley, Ed win L. Bridges, Samuel H. Norton, Thomas F. Parker, Jr., and Albert Strad- ford, at an election held on, to-wt, the - day of May, 1S99 in pursuance of an act of the General Assembly of Alabama entitled an act ITO provide the manner of selecting the police force in the city of Birmingham and to provide for the efficient management of the police force of said city," which said act was approved on the 9th day of Decem- ber 1898. were at the regular election for Mayor and Aldermen of the city of Bir- mingham, Alabama, held, to-wit, on the nf NTau ool, olo Der of the Board of Police Commissioners for said city of Birmingham, Alabama
 And your relator further represents unto your honor that after said election, so held as aforesaid, the said Jas H. Me Cary, Charles c. Chiles R. Vernon Mob ley, Edwin l.. Bridges, Samuel H. Norton Thomas F. Parker Jr., and Albert Strad- ford each entered into the duties of po- lice commissioner as a member of the Board of Police Commissioners of the city of Birmingham, Alabama, and are now unlawfully exercising and holding the powers liberties, privileges and duties per taining thereto.
 Third-And your relator further repre- sents that said James H. McCary Charles c. Chiles, R. Vernon Mobley, Elwin L. Bridges, Samuel H. Norton, Thomas F. Parker, Jr, and Albert H. Stradford are each now exercising and holding said off, flee of member of the Board of Police Commissioners for the city of Birming nam. AlaDanla, unQeT ana Dy virtue Ol an election held in pursuance to said act of the General Assembly of Alabama, en- titled an act "to provide the manner of selecting the police force in the city of Birmingham, and to provide for the eff ficent management of the police force of said city," approved December the 9th. 1898, which said act your relator is advised and believes is unconstitutional and con trary to the provisions of article 4 section ? of the Constitution of the State of Ala TN. T. ,f .atd act lis not clearly expressed in it's title.' And your relator ayers that said James H. McCary, Charles c, Chiles, R. Vernon Mobley, Edwin L. Bridges, Samuel H. Nor ton, Thomas F. Parker, Jr, and Albert H. Stradford are all and each now unlaw- fully holding and exercising said offlce or member of the Board of Police Commits sioners for the city of Birmingham, Ala bama.
 Wherefore your relator respectfully prays that process may issue requiring the saId James H. McCary, Charles C. Chiles k. Vernon Mobley, Edwin L. Bridges Samuel H. Norton, Thomas F. Parker, Jr., and Albert H. Stradford to answer and snow by what warrant they claim to exercise and enjoy the powers, liberties and duties of the office aforesaid, and upon the hear ing hereof judgment be rendered exclud- ing the said James H. McCary, Charles c. Chiles, R. Vernon Mobley, Edwin l.. Bridges, Samuel H. Norton, Thomas F. Parker Jr., and Albert Stradford rom said office of member of the Board of Police Commissioners for the city of Birmingham, Alabama, and for such other and further and proper relief as may be in such cases made and provided.
 BRADLEY & MORROW,
 BANKS & SELHEIMER,
 Attorneys for Petitioner.
 The acknowledgement of MT. Earp as to the truth of the statements in the fore going information was made before John c. Forney notary public.
 On the last page of the instrument is this
 "We hereby acknowledge ourselves se- curity for the costs of the above cause; and we hereby waive all our rights to the exemption of personal property secured to