The Birmingham age-herald., 1902-10-15
But the Action May Not Be Legal, Only Three Be-
 ing in Room
QUORUM WAS PRESENT
 BUT TWO LET MEETING
Question Is Whether Those Who Left Can Be Considered Present and Thus Aid In Forming a 0uo-
 rum-oplnlons Differ.

With only three members of the police 1 commission present in the room last night, T. Henry Johnston, a lumber deal- er was elected to fill the place of the late Commissioner James Scott. The vote was cast by exclamation after Commits sioners Parker and Stradford had with drawn, there being present in the meet ing place Commissioners Mobley' Me Cary and Chairman Rudolph.
 It is & doubtful question if the election is legal. although all members of the ma jority faction claim that the action is perfectly legal, and that any court Will support them in the action. It is probable the minority will contest the action, but it was impossible to find them last night as both left the meeting before 1t ao- journed There is a wide difference or opinion as to the action, some claiming it was illegal and others that it was per- fectly legal
 The point is this: After a quorum has | responded to roll call and business is transacted, are all members considered present even if they leave the room' and the building? There was not a quorum present in person last night when the ac- tion was taken, but the minutes will not show that the members left Will they be legally considered present? is the ques- ton.
 Chairman Rudolph, the only lawyer on the board claims the action was legal, and that it will stand. He has investi- gated the matter. He says that the three men were in the room at roll call and that there Is nothing to show they went out.
 If the minutes are correctly kept and show the true state of affairs they will show that Commissioners Parker and stradford stated they would leave the room, and did leave it, before Commits sioner Mccary made the motion that T. Henry Johnston be elected to succeed James Scott.
 Old Fight.
 The action of the commissioners IS an old fight which has been waged by the majority to retain control of the board and an equally stubborn fight by the mi noritv to get a man elected who would not stand in too thick with the majority. Time after time the matter has come up and the board has failed to have an elec- ton. each time the quorum being broken bv Commissioners Parker and Stradford leaving the room. On the minutes in the past 1t is stated that the quorum was broken by these commissioners leaving' so the minutes of the present meeting should read the same way. according to the opinions of several people If they do then the election, some claim, Is OBVIOUS
 
 there was not a quorum present.
 The action last night came after large amount of business had been attended to. Chairman McCary called for the eiec- ton of officers on the regular programme and Commissioner Parker moved that his original motion be placed before the hodv. The motion was that all names of nersons for the place should be filed at least one week in advance Of the eiec- tion in order that the people Of Blrmlng- ham should know who were being voted for. The motion was lost and then an- other motion was made that the names mentioned last Tuesday night October I, be considered in nomination. put this was voted down.
 Commissioners Parker and Stradford stated that they would agree to anything which would make the motion week III advance and that under those circum- stances they would vote for any man re- eardless of what action the rest or the commission took. This was refused them and Commissioner Parker asked 1T all business was attended to besides that or the election, stating he would not De present at any such election. He picked up his hat and left, followed by Commis- sioner Stradford. Just as the two com missioners passed out of the office Of the chief of police. where the meeting was held. into the outer room, Commissioner McCary rose and made a motion that Johnston be elected by exclamation, and it was carried, there being three votes for and none against the man nominated. A smileran across the face of every one present The action had been slated to occur. as could be seen by the instantan- eous proceedings of the commissioners. The shrewd maneuver had been planned and carried out well.
 Other Business.
 The other business of the board passed rapidly. Jim, Mingea. patrol driver. asked