The Montgomery advertiser., 1906-07-21
UP TO THE COUNCIL
ELECTION OF POLICE COMMISSION
 RESTS WITH CITY FATHERS.
Expressions of Lawyers on Effect of ssa- preme Courts Ruling is That Board May Exist if Aldermen
 Wish.

According to the general consensus or opinion. as expressed by different psornt- nent lawyers of Montgomery yesterday. the establishment of Board of Police Commits sfoners is entirely dependent upon the wishes and action of the City Council.
 Whether the Police Department is to re- main under the control Of the City coua- cii, or Is to be transferred to the manage msnt of a Board of Commissioners. aecord- in to the majority of expressions secured. seems to rest with the City Fathers them selves.
 There was 6 law passed in the last session of the State Legislature. calling for the election of such a Board. It was declared unconstitutional by the Supreme Court. In accordance with a precedent established tsa another apparently identical case. which ruled out of existence the Poiics Board oE Bessemer. The opinion in this latter ease has been reversed by the Supreme Court it. self, and the matter of the election of a Board in Montgomery. now reverts to the course which the Council may wish to pur- sue.
 This Is the general statement made by various lawyers in the city yesterday. One lawyer however, one of the most yefsed in matters pertaining to the ccnstitutionalits of laws in the State of Aiabame. expressed himself differently. According to his in- depreciation of the effect of the Supreme Courts recent opinion. which reversed its AASeANAA-'A Police Board. the decision adverse to the existence of the Montgomery Board Of Conn missionsrs is already oysrruled This, he declares goes without saying. and a special ruling of the Supreme Court for the Mont gomery case. ts not necessary to approve the validity of the Montgomery law.
 
 The Point at Issue.
 The point in question is whether the opinion of the Supreme Court in the case of Hubbard vs. Troy which reversed it's pre- yious ruling in the case of Little State ex rel Huey. also overruies the Montgomery test case decided against the law author izIng the election of Police Board. in 1904. If it does not. to make the Montgomery law valid. another test case will probably have to be taken through the City Court, and. if there decided adversely to the Montgomery law, up to the Supreme Court to be made valid Such a test case might be brought by the City Council, by Q City official, or by any interested citizen,
 An opinion for the guidance of the City Council has been asked for by Mayor TeaEue and will be furnished by the City Attorney next week.
 whether not the City Council will take up the matter can not be foreeasted. as tn- dividual members of that body seem to be retieent on the subject. and will not express their attitude toward the Police Board law Much depends upon their action whether the law introduced in the last Legislature by the late Senator Benjamin H. Screws and enacted by that body is to be declared valid or not.
 Several Aldermen when approached yes terday declined to express definite opinion In the matter, giving as their reason that | they would have to be better informed on the legal status of the measure before de- | ciding upon their course of action. Mayor | Teague, however, stated his belief that the | Police Department would not be benefited | by q change to the Commission plan. al | though he admitted that if the law if | valid, the City Council will doubtless be re- | quired to elect the Board.
 Expressions of opinion for public informa- | ton were difficult to secure yesterday. 4 number of prominent lawyers who wers | interviewed in reference to the matter wer' | willing to state their beliefs in the matter | objecting however. to having their name' | used in connection with the same becaus' | of the uncertain position iR which thu l Montgomery law now stands.