The Montgomery advertiser., 1903-11-07
ASK FOR MANDAMUS
PETITION CONCERNING POLICE COMMISSION ACT.
G. A. Thomas Wants City Court to Order Montgomery Council to
 Proceed to Elect Board of Commissioners.

AsAOAtsDN"e-NS
 was declared unconstitutional by the Su- preme Court of Alabama.
 The new council @ls not, as provided by law. elected a Police Commission, on the ground that the act Is unconstitutional There are a number of Aldermen in the council, however, who hold that the law Is a law until 1t Is acted upon adversely by the courts of the State. They objected to the law being thrown aside until 1t was shown to be unconstitutional. On this &C., count. since the incoming of the new city council and the coming into effect of the Greater Montgomery act, the po- lice force has remained in statu auo No additional officers have been appointed to patrol the connected district.
 The petition filed yesterday sets out | that the council is wrongfully ignoring the | law and that citizens of the annexed dis trict are suffering for want of police pro- | tection guaranteed them under the Great CT Montgomery act. The petition prays | that Judge A. D. Sayre. presiding over the civil division of the City Court of Montgomery issue writ of mandamus
 to compel the City Council to elect Po-
 lice Commission.
 The petition is as follows:
 'G. A. Thomas vs. City Council of Montgomery.
 Tn the City Court of Montgomery. ITO the Honorable A. D. Sayre, Judge | of said court:
 |. "The petition of G. A. Thomas of the | City of Montgomery. Montgomery county, Alabama. for a writ of mandamus against
 the City Council of Montgomery.
 Your petitioner. c. A. Thomas, who 1 is a citizen. tax payer and legal voter in | the city of Montgomery. would respectful | ly show unto your honor, that the Leg icIo t,,rA af AIa1 t,.f fhA ,f &l,. inalienable police powers of the State of Alabama for the protection of the public
 Health, public safety end public morals
 passed an act, entitled An Act to estab- | fish Board of Commissioners of Police | for the City of Montgomery, Alabama '' | a copy of which said act is hereto at- | tached and made a part thereof. And | whereas in enacting said law, 1t appeared
 to the Legislature of Alabama, that the
 city of Montgomery had failed to furnish | police force, or one that was sufficient for the protection of persons and prop erty: and whereas, at the same session of the Legislature, the limits of the city | of Montgomery were extended so as to | increase the area of said city by a large surrounding territory having a numerous population; and whereas the adding of | said new territory to the city of Mont gomery. terminated the control and au- thority of said added district, in the mat
 ter of police regulation, and brought the same under the control and authority of the city of Montgomery: and whereas the | police force of the city remains substan- | tially tine same as to numbers and ade-
 quacy. as before said addition of new
 territory, although by said addition the
 new territory came under the control of
 said police department of the city of Montgomery; and whereas said Police | Commission law was enacted by the Leg. | islature to meet the new and exceptional | conditions brought about by said increa SC
 of territory, as we'll as to supply the po- | lice protection sufficient for the
 protection of persons and property.
 which deemed necessary to meet
 existing conditions; and whereas
 ticabe and impossible to effect said
 object by other means than the enact
 ment of said law; and whereas, by sec | tion l of said Police Commission Act, 1t
 Is provided that at the first regular meet
 ing of the City Council of Montgomery | held after November lst, 1903 there shall
 he elected by said Council the members
 of said board and whereas the first reg
 ular meeting of said City Council after
 November 1st, 1893. was held November | 1903. yet said City Council of Montgomery l
 members of said Board and still wrong
 fully neglects and refuses to perform the l duties imposed upon said Council by said | Act of the Legislature. although said cleo | tion is essential to the execution of said law and the organization of said Board. | But the said City Council of Montgomery | denies tho power of the Legislature to
 create said Board for the control of the
 police department of said city. but claims | that the police power exercised in said
 city Is vested in the authorities of said
 city. and that said Act seeks to deprive
 said municipality of It's rights in the con
 trol of local affairs.
 Whereas petitioner ayers, that as may
 be seen by reference to said Act, the mat
 ters therein contained pertain to the pres-
 ervation of the public peace and safety,
 and petitioner ayers that the exercise of police powers within said municipality
 has been and is through the means of the local authorities. yet the same are and
 have been. none the less public agencies
 which 1t Is within the province of the | Legislature to control.
 | Whereas petitioner prays that a writ
 of mandamus issue from this honorable
 Court in favor of petitioner. to be directed | against said City Council of Montgomery
 being composed of w. M. Teague. J. K.
 Jackson. John P. Kohn, C. B. Coins.
 Gaston Gunter, c. L. Ruth. Leopold
 Strauss. N. Lobman. A. G. Forbes, c. P.
 Mcintyre. A. Roemer. J. E. Maddox. c.
 A. Griffith. W. J, Ryan. and J. J. sulIi-
 van. to compel said City Council of Mont
 gomery without delay to execute and en-
 force said Act creating Board of Com
 missioners of Police. snd to elect mem-
 bers of said Board as provided in said
 Act, and that such further order may be made in the premises as fustIce may ra
 quire and to your Honor may seem ft' The petition has been set for a hearing | by Judge Sayre on December g.