The Montgomery advertiser., 1903-09-12

The following are some of the moro inn- portant provisions of the municipal code bill prepared by the Senate Recess Com mittee, and passed by the Senate Thurs day. The Walker municipal code biii, which was passed by the House yesterday Is entirely different from the Senate bill and a conference committee will proba- ply result
 Provisions of the Senate bill are ap- pended:
 Municipal corporations are divided into i've classes: Those having 1000 popula- ton and upwards shall be cities of the first class; those having population in excess of 5000 and less than 1s,0oo shall be cities of the second class; other muni- cipal corporations having a population in excess of $500 shall be towns of the first class; those having a population of $500 and more than 1000 shall be towns of the second class; and towns having popula- tion of 1000 and under shall be towns of the third class.
 Any city or town may be, changed from c city or town of one class to that of a higher class when it shall be determined by any State or Federal census that its population has increased until 1t has the requisite number of population to entitle it to belons to such higher class. When 1t Is apparent from any State or federal census that any municipality Is improper 1y classed, and such census shows that such municipality is in a higher class than is proper under this act, according to such census. 1t shall be the duty of the Governor to issue his proclamation, set- ting forth such facts, and thereafter said municipality shall belong to the class made necessary by its population. In case such census shows that any muni- cipality Is in lower class than that to which 1t Is entitled to be according to such census. then the chief executive of- ficer of said municipality shall order an election to be held. of the qualified elec- tors of such municipality. and the ques- tion to be submitted to them at such election shall be whether or not said municipality shall be changed from its existing class to the class to which it Is entitled to belong according to said census.
 When the inhabitants of any county or of two or more counties lying contiguous to each other, not embraced within the limits of any city or town and containing at least 250 inhabitants, desire to become incorporated they may apply to the Gov ernor by petition in writing. giving the proposed name of the proposed munich pality. showing the number of inha bitants therein, and signed by a majority of the qualified electors residing in such ter ritory. Upon the presentation Of the petf- tion, the Governor must investigate and determine to which class the proposed city or town properly belongs and shall order the question of incorporation or no incorporation to be submitted to the vote of the qualified electors. residing in the territory described in the petition filed within sixty days after the filing of the petition.
 Publication of the order for such cleo tion and of the Governors decision as to the class to which said city or town shall belong must be made in some news- paper published within said territory.
 If the result of said election be for in- corporation. the existence of a municipal corporation shall begin on the day of the date of the Governors proclamation as hereinbefore provided; and if the result he against incorporation, no election for the same purpose shall be held for the same territory within one year.
 Upon the incorporation of any city or town hereunder, the Governor shall, with in ten days after such proclamation, ap- point all the necessary municipal officers, who are required by law to be elected by the electors of municipalities. for such municipality, who shall hold office until the next general municipal election and until their successors are qualified. ,..
 When the census shows ,that a munici- pality hereafter incorporated in the State contains less than 250 people, the Cover nor shall issue his proclamation abolish forward it shall not exercise any corpo-