The Montgomery advertiser., 1904-01-14
POLICE ACT
 IS INVALID Supreme Court Holds Law is Unconstitutional KNOCKS OUT COMMISSION ReaffirmS Its Decision in the
 Bessemer Case. Is Expected Mayor Carr Will Reap point Police Chief aerald-com-
 munication to Council
 Monday Night

The Montgomery Police Commission act was declared unconstitutional and invalid yesterday by the Supreme Court of Ala bama. This decision by the Court was not a surprise in Montgomery. in view of a previous decision by the Court on . similar act for the city of Bessemer.
 The Court in the Montgomery case re- affirmed it's opinion expressed in the suit brought on the Bessemer Police Cornmis- sion act. The Montgomery, act was held to be in violation of the Article of the Constitution restricting local legislation by the legislature. This artice forbids the Legislature from passing any special or local legislation for the benefit os any one town or city. except for the altering of municipal boundaries.
 This particular article provides that the Legislature shall enact laws for cities ac- cording to classes and not for individual cities. The Court held that both the Bes- semer and the Montgomery act was spe- cial legislation for particular cities in vio- lation of the letter and spirit of the com stitution.
 In decding the case tho Supreme Court affirmed Che opinion of Judge A. D. Sayre of the City Court of Montgomery,
 The suit on which the constitutionality of the act was decided was friendly ap- plication brought by George A. Thomas . citizen and tax payer for mandarnus to compel the City Council to elect the five members of the Police Commission as provided Tn the act. The suit was only brought to test the constitutionaiity of the act
 Judge Sayre to whom the petition was addressed. dismissed the petition upon the demurrer that the act was uiicohsti- tutional. The case then went to the Sue preme Court.
 The opinion of the Court was by Asso. ciate Justice Jonathan Haralson. In fall 1t is as follows:
 This case involves the ccnstitutiouaIity of the act of the Legislature approved February 1s, 1908 entitled An act to es. tablish Board of Commissioners of Po- lice for the City of Montgomery. Ala
 ''The petition was by the appellant. c. A. Thomas. who represented that he was a citizen, tax payer and legal voter of the city of Montgomery, was addressed to Hon. A. D. Sayre, Judge of the City Court of Montgomery, and prayed for a writ of raandamus against the City Coun. ell of Montgomery composed of fifteen persons. whose names are given to com- pei said Council to execute and enforce said act, creating a Board of Commits sioners Of Police and elect members of said Board as provided in said act. which is exhibited and made part of the petit tion,
 "The respondent appeared and moved to quash the petition and demurred thereto on the grounds O because it appeared by the petition that said act was unconsti. tutionai and void and @ hecauss 1t ape peared from the petition that said act in it's legal effect was an attempt to amend the charter of said city. in direct viola. tion of clause IS of section l04 of the con- stitution of 19o1.'
 "The Court on the submission of the cause. on the motion to Quash. and the demurrer to the petition, sustained the demurrer quashed the alternative writ of mandamus, and dismissed the petition, to reverse which decree the appeal Is prose- cuted.
 The act fin question is in substance and in legal effect, as to the city of Montgom. cry, the same as the act of March for the city of BesSemer was to the latter city. the constitutionality of which came before us and was decided at the last term of the Court. holding that said act was unconstitutional and void. Little vs. The Relation of Hughey ct al. 8. R. 134.
 This appeal is no more than an eftort to have us reverse our ruling in that case, and to hold that the act In question is constitutional and should be enforced.
 s'Nothing has been brought to light to