The age-herald., 1901-12-19
Decision Rendered ia Case Ap- peaIed from Circuit Court
 By Officer Johnson
MATTER OF RESIDENCE
 FIXED BY CITY COUNCIL
Seven Officers Will Have to Move In the City and Be Reelected By the Police Com
 mission.

Under a decision rendered yesterday by the Supreme Court Birmingham police men must live within the corporate lim- its. The opinion was given in the case of John Johnson vs. the State of Ala bama, ex rel
 This case went to the Supreme Court on an appeal taken by Johnson from the decision of the Jefferson Circuit Court. A. H. Davis Is the relator in the case, joining with the State as plaintiff, and he exhibited information against Johnson, Birmingham. as follows:
 First--That Johnson was a resident of East Lake. Ala.
 Second-That in May, 1901, that the po- lice commission of Birmingham elected the defendant contrary to law on the police force as an officer for the city of Birmingham.
 Third-That the defendant, being non- resident of Birmingham, was ineligible to the said office by virtue of the statute, law and ordinace for the city of Birming- ham.
 Fourth-That the defendant is unlaw- fully holding the office of policeman.
 Fifth--That judgment be rendered ex- cluding Johnson from the office of police man.
 Justice Sharpe's Opinion.
 The decision rendered by Justice Sharpe recites that prior to December 12, 1892 the appointment, regulation and control of policemen of the city of Birmingham was vested in the Board of Mayor and Alder men. While that system prevailed the Board adopted an ordinance which de- clared that "all city officers now or here after provided for must be residents and electors of the city"
 On the date referred to the General Assem- ply enacted law establishing a Police Commission for Birmingham with power to appoint police officers and exer- else full direction and control of such of hcers '1n conformity to existing laws and ordinances and such as may be made in future on the subject" and with power to remove such appointees. The first act of the General Assembly was never re- pealed. The Court says:
 "The General Assembly has not by any act, either expressedly or impliedly, with drawn from the Board of Mayor and Aid ermen all power to legislate with refer ence to policemen or that of making req sonable requirements respecting qualifica- tions for the position of policemen; that the ordinance under consideration is req sonable, is not questioned. It has not been repealed or superseded and 1t oper- ates to disqualify defendant to be a po- liceman of Birmingham so long as he is not resident and an elector of that city,
 How the Trouble Started. The trouble started on account of a raid made by the police on the saloon of Davis, in which Johnson was one of the raiding party, he being policeman. Da- wis then brought action against John- son for living out of the city limits and serving on the police force.
 There are seven men affected in the suit, but it was agreed that the Johnson case should be test case, and the rest of them will abide by that decision. The seven officers and where they live are: J. S. Johnson. East Lake; H. T. Culpepper and J. H. Mullen, East Lake; F. P. Grey, Woodlawn; W. E. Jordan, Elyton; J. B. Cole, North Birmingham; F. A. Hamilton. Jonesvllle. Johnson has been on the police force sixteen years-longer than any other man who has never been disconnected with the force. He wears badge No. 1. He moved to East Lake four years ago with the permission of the police commission buying himself a home there. Culpepper also bought home at East Lake about three years ago. Mullen Is ir the same fix, owning home at East Lake. Grey bought home at Woodlawn several years ago. and he has been on the force about five years. Jordan owns a home at Elyton, but he had been living there a number of years before getting on the force.
 Cole. who serves on the detective force. has been living in North Birmingham for number of years and has never lived inside the city limits. Officer Hamilton lives at Jonesville. half a block outside the corporate limits. He has owned his home for a number of years and has lived there ever since joining the de- partment.