The Montgomery advertiser., 1903-11-17
CITY CHARTER
 IS ATTACKED Court Asked to Declare it Unconstitutional. ANOTHER LEGAL POINT May vacate Several Mont
 gomery Offices. Back Tax Commissioner Blakey De- murs to Petition of Jesse
 o'Neal and Makes an Extra-
 ordinary Answer.

If the Supreme Court of Alabama agrees with W. M. Blakey, Back Tax Commissioner of Montgomery county. and sustains demurrers filed by him yes terday in the civil division of the City Court of Montgomery, the city of Mont romery will be without Aldermen at Large, a Recorder, a City Clerk and 8 City Treasurer.
 Several days ago, a petition for man. damus was filed by Jesse O'Neal, a mer- chant, praying that the City Court of Montgomery issue mandamus against Judge J. B. Gaston, probate judge of Montgomery county, compelling him to issue the petitioner a State license to do business.
 The petitioner set out that under the charter of the city of Montgomery, he having paid his city license. was ex- empted from paying his county license. The court had repeatedly ruled on the proposition, but yesterday when W. M. Blakey, County Tax Commissioner. filed his demurrers, a sensation was sprung.
 In these demurrers, 1t is set out, that the records of the Legislature of 1892 '93, by which the present charter of the city of Montgomery was granted, had been examined and on account of a clerical error, the act creating the charter is un- constitutional.
 MT Blakey ayers that in contradiction of the constitutional provision, that the name of the President of the Senate and the speaker, of the House of Representa- tives, shall be signed to every bill, in the presence of the Senate and House in ses- sion assembled, neither the name of the President of the Senate appears, nor is the fact set out in the Journal that the bill was signed in the presence of the two legislative bodies. On this account, the Tax Commissioner ayers that the en- tire act is unconstitutional and accord 'ngly the section of the city charter in dispute is void.
 No acton was taken in the case. Coun- sel for the petitioner wanted time to in vestigate the proposition raised. Judge A. D. Sayre accordingly entered a con- | tinuance until tomorrow.
 If the contention of MT. Blakey is well | founded, the present charter of the city | of Montgomery is worthless. If MT. Blakey's point Is sustained, the Mont gomery city government will be com
 pelled to operate under It's old charter
 until the Legislature meets four years hence.
 l Under this old charter the offices of Re-
 corder, City, Treasurer and City Clerk.
 were elective. Under the present charter
 they are appointive offices, and in case 1 tAAC SithA tCA ID oCSA0A CN bO OC uASOAi6iklu-
 tional, the acts of these officials will be
 without effect until the officials are
 elected by the people. Under the old
 charter no provision Is made for alder | men at large.
 The point raised by the Back Tax Com-
 missioner has caused consternation in city political circles. and much gossip
 has followed. With the Greater Mont gomery act, the Police Commission act | oVaA hn aI1a 1anta~ 1taIa tk,,
 government is operating assailed, the fu- ture does not hold much comfort for
 those charged with responsibility of city | affairs.