The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1903-11-03
Will Test COnstitutiOnality
of Act.
City Attorney and judiciary Com
mittee Wanted to ignore the
Law But Alderman Would
Not Have It.

the question of the election of a Police
Commission in compliance with the Mont
somery Police Commission act the new
| Aldermen found 1t was still live matter
Inc Aldermen voted seven for and seven
against resolution declaring 1t to be
the purpose of the Council to elect the
members OF the Police Commission at the
next regular meeting of the Council.
Upon the suggestion Of Alderman W.
M. Teagae il was finally decided to let
matters relating to the Police Depart
ment rest as they are for the present and
that immediate action be taken to test
| the constitutionality of the act. No plan
for the testing of the act was embodied in
the resolution of Mr.. league, but it was
intimated that proceedings to test the
law would be instituted in the near fu-
ture, by whom, 1t was not stated on the
floor of the Council.
The Three Propositions.
.Thre propositions were before the Coun-
ell, three modes of procedure in reference
| to the Police Commission. The first was
contained in the original resolution in
structing the Mayor, In view of the opin-
ion of the City Attorney, that the Police
Commission act was unconstitutional, to
proceed with matters In reference to the
police department under the old charter.
The second was the substitute of Alder
man A. g. Forbes, declaring that 1t was
the purpose of the Council to elect the
Police Commissioners at the next regular
meeting of the Council
man league that the Police Department
| should be continued at present until
| the Commission act should be tested and
| that action to this end be takan at once
| The three resolutions were defeated by
the Council, a tie vote being had on each
| seven for and seven against. The vote OF
| the league amendment was reconsidered
and 1t was finally adopted.
substitute of Alderman Forbes pledgine
the Council to elect the Police Commits
sioners at the next meeting Of the Coun'
Gil. This vote was as follows:
| Ayes-Forbes, Sullivan, Griffith. Roe
mer. Ruth. Strauss, Golns-7.
| Nays-Ryan, Maddox, Mcintyre. league
Gunter. Kohn. Jackson-7.
Sullivan Wants Election.
The surprise of the debate on the Coun
Gil floor was the earnest advocacy by AL
| derman ]. j. Sullivan of the election Of
| Police Commissioners. When the Police
| Commission act became an issue in the
municipal campaign last spring Alder
man Sullivan declined to give his view:
upon 1t but 1t was generally supposed
that he stood for an appointive commits
sion.
| The matter came before the Council ir
| the report of the judiciary Committee up
| Kohn directing the Mayor to proceed
with the Police Department as under the
/ old charter.
The report was presented by Alderman
| GunIeT, WHO expIdlHeu at leIlBlH the pO-
| sition of the Committee. The Committee
| he said, had come to the same conclusion
| as the City Attorney. that the law was
unconstitutional. Bessemer and Mont
gomery, he said, were existing under prac-
| tically the same charter. The Bessemer
Police Commission act and the Montgom-
| cry Police Commission act were practi-
| caIly the same, the principal difference
being that the BesSemer Commissioners
were appoIntive by the Governor and the
| Montgomery Commissioners were elective
| by the Council. The decision by the Su-
| preme Court that the Bessemer act was
| unconstitutional did not leave the uncon-
| stitutionality of the Montgomery act open
| for doubt. The Committee held that the
position of the City Attorney that the
| Montgomery act was unconstitutton
was absolutely sound and tendble
The Committee held that the unconsti-
| tutional act did not alter the city char
er and that the City Council was bound
| to comply with the charter. AS law
yer, he said. he sustained the view of the
| act taken by the City Attorney.
Alderman league Speaks.
The law in question, sa.e Mr.. league,
| had been thoroughly discussed during the
campaign, and it was admitted that 1t
was of the greatest Importance. He had,
he said. great respect for the opinion of
the City Attorney and the Judiciary Com
| mittee.
"But.I take it,, said Mr.. league that
| the CITY Council is not an authority to
| Council can declare this part of the city
| charter null and void, why can 1t not de-
| clare other parts of the charter null and
void. l know of no authority this side
of the courts to declare any law null and
void. l fully concur in the belief that
| the law is unconstitutional. but If the law
| was a part of the city charter the day
II was approved II is a part of the city
| charter now. There is a better way out
| of 1t than ignoring the law. Let US have
| 1t tested by court of competent turis-
| diction. My conscience will then be clear"
MIR. Gunter took the position that no
man or body of men were compelled Ia
| follow a law that was unconstitutional.
| He had, he said. in the primary refused
to state his position on the Commission
act when requested by an Advertiser re-
porter to do so. He would now say he
was not compelled to sustain an uncon-
stitutional law.
Alderman Forbes said that he agreed
| with the gentleman who held that the law
was unconstitutional.
But this is not the proper tribunal to
test the law" said Mr.. Forbes. THE
proper course for us to follow is to carry
out the law and then let a mandamus
be issued. If we should follow the re-
commentator of the City Attorney and
the Judiciary Committee there would al
ways be doubt about the constitution
atty of the law. The city is looking to
us to carry out the law
Alderman Jackson would not express
MS personal views upon the act as there
we're matters OF more importance before
the Council. 1t was time. he said for
the Council to come to some action on
the matter. The Police Depa rtment he
said. was liable to be demoralized hy the
delay. Even now, the members of the
force were delaying the buying of their
uniforms, they did not know what
was going to be done and they did not
know whether they were going to remain
members of the force
Sullivan's Plain Statement.
Alderman Sullivan said that he heartiIv
seconded the point raised by Mr.. Jackson