The Montgomery advertiser., 1904-06-14
BAMBERGER ARRESTED
CHARGED WITH VIOLATING Sell
MAS CHICKEN ORDINANCE.
He declares that He VIII Test the Con-
stitutionality of the Measure by
Carrying IL to the Supreme
Court.
Advertiser Bureau,

1 CMfrytmE II TO the supreme
Court.
Advertiser Bureau,
Selma, June 10.
The famous chicken ordinance, pass
ed by the City Council after many
stormy debates and boisterous ballot
| ings. became actually effective today
ser OF The Selma Morning Times. and
one Of the best known citizens of
selma was arrested on the charge that
ne had persistently violated the ordf-
nance in permitting chickens to run at
large. Mr.. Bamberger was released on
bond and will appear for trial tomor-
row morning He will test the con-
stitutionaIity of the law.
The first arrest for the infringement
OF the celebrated statute took place this
morning. A warrant preferred by
Chief OF Police E. T. Walters was serv-
cd upon Mr.. Bamberger by Police Of
ncer Ben Moseley who took him into
custody. releasing him. however. when
Mr.. Bamberger made the required bond.
He will be tried before Mayor Atkins
tomorrow morning. He will plead
guilty TO the charge of allowing pultry
TO run at large, but he will. through
his attorney, deny. the constitutionality
OF the ordinance he Is alleged to have
violated. Mr.. Bamberger said today
that he would appeal his case to the
Circuit Court and If necessary to the
supreme Court of the State, to prove
whether 1t is in accordance with the
fundamental laws and rights of the peo-
pie of this State
It is not known who were the COM
painants in the case. Chief Walters
said this morning that he had sworn
out the warrant and that he would find
the necessary witnesses. 3
The Chicken ordinance" is perhaps
the best known, certainly the most
WIDELY discussed measure that has been
passed by the present city council. Mr..
Phillips of the First Ward introduced
y into the proceedings of the Council
three months ago with a careful ex-
fplanation that he was in no way
responsible for II and read 1t to the
smembers by request" Nearly every
body In the Council chamber thought
10 was the funniest thing he had ever
heard and the laughter at such a faceti-
GUS attempt at law making was I'M
restrained.
But. To- yea, behold-the proposed
ordinance was committed, reported to
the Council at its next session. and
after 1t had been made ineffective as
TO the Third, Fourth and Fifth Wards
was passed and with votes to spare.
Then Mayor Atkins vetoed the meas
ure. It was, he said, local legislation.
IL would be imperative for good, and
was In other respects likely to produce
only confusion and perform no benefits
But the Councilmen wanted IL and
they had 1t. One night, at a regular
meeting when not every one was there.
they passed it over the Mayors veto
by two-third majority of all the
Counctlmen present, but not by two
thirds majority of the entire Council.
President Peacock ruled that the ordi-
nance was passed.
1t Is right funny about Mr.. Bam-
berger Through his newspaper and
personally he fought the passage of the
ordinance and was altogether the chick
ems best friend. And the first blow
fell upon him. But he is a willing
MARTYR and will continue to oppose
the Acknowledgement or the incarcera-
ton of his gallinaceous fellow Great
ures, or the abridgment or curtaflment
In any way. of their God given rights
and privileges.
City Council Meets.
The City Council met tonight with |
al members except Mr. Smith of the |
The matters of chief interest were |
mayor Atkins's recommendation about |
the completion Of the city buildings and |
police force of the city.
Mayor Atkins announced that he had |
" ~ cooperation with the Committee on |
for the city buildings, notice that he |
must begin work on the buildings with |
IN ten days. The Recommendation was |
A bill for $50 for expenses of Pres
ident w. R. Peacock who was the
GUYS representative at the Nation
Good Roads Convention, was sent
by Mayor Atkins, and evoked a SD
BY Mr. Berry. who opposed its pay
the chair
Mr.. Peacock, upon the floor
had not presented the bill
ferred no money and no
rather than much talk anF
on passage the bill
Messrs Berry and Quinr
It's payment. et-S
A petit On from A
the city d nate a 10
and the property Q ,
a lot ten fees IL
A. Street I'D |
&c Igs,
: . 'erly |