The Montgomery advertiser., 1906-07-20
CITY MAY HAVE POLICE BOARD Legislative Act of 1903 is Revived.
 - THE SUPREME COURT RULING
 - Montgomery Law Fell With the
 Bessemer Law. HIsh rribunsi Recently Reversed It. self on the Latter Law and City
 Council May Elect
 commi.risa. a

| the City Council may in the near fu-
 ture be required to ele,t a Board of l Commissioners. of Police for the City of Montgomery.
 1903, of which the late Senator B. H. Screws was the author. calling for such an election, which was declared unconstitutional In a test case in the Icity Court two years ago by Judge. A.
 D. Sayre, and upheld hy the higher
 tribunal. may now be aeciaStd valid by that same holy, and the election may | be entorced.
 Another case based on the same
 points of law inyoivsl hasn Tn the esyossa Mons l by the Supreme Court over its own I ore, ious opinion, and the law affecting Montgomery may be declared constitu- tional
 May Go Under Board.
 l If the Supreme Court should so de- 1 eide, the Police Department of Mont gomery will hereafter be placed under | sionsrs. This Board will have exclu- sive power to select all members of the police force of the city, to fix sala- ries, and to make rules governing m | every way the management Of the de- l partment. Tn other words, the author l itys which has heretofore been exer- cised by the City Council wilt be piac- ed In the hands of few men. whose | powers will be absolute.
 The City Council will have the power | to s,hoose9 the members of the Boards but beyond that the influence or the aldermen will not extend Ihe ,an,sd tirss for two years, two for four years, ana one for six years, other elections pc l ing held every two years to replace the members whose term "f once VIII ex- pire.
 While no definite statement could be secured from any of the city officials last night on the matter, it Is freely admitted that the case over the cleo tion of d Board of Police Commission CTS for Montgomery was based on the same lines as that affecting the se- lection of a similar Board for the City of Bessemer. Tn the opinion referred to the Supreme Court gave existence to the Bessemer Board, which 1t had previously ruled was unauthorized ny constitutional action It is thought the same opinion will have similar effect upon Board for Montgomery. Brought Up Fly Bessemer The opinion In question was handed down by the Supreme Court on July l,7, together with thirty-two other de- cisions. In the mass of other matter occupying the attention of the legal ions, the point which has. raised the | question now to be at Issue was gen. eraliy overlooked It was brought to | the attention of the public yesterday, | however. when Governor Jelks recetv- | ed m intfmatfon from citizens Of Res | Semef
 be made to him, as the appointing power, for appointment of the Police Commission of that place, which had again been given life by the opinion
 The first opinion of the Supreme Court on the question of the validity of police commission law was that in the case of Little against the State ex rel Huey. the Huey referred to being Mayor of Bessemer at the time An act passed authorizing the establish ment of a police commission for Bes- selmer, was considered anendatory to the Bessemer city charter by the Su- prcme Court, and in violation of the constitution, making 1t void From this opinion of the court Mir. Justice Tyson dissented.
 In opposition to the holding of the court in this case. however, was the holding of that body on the case ap- pealed by the State on relation of John Gamble against c. ]. Hubbard, hand ed down July z. which busted Hubbard,
 ss ot bs ,h1 .tteE esy tsaSs if tHy tSe Pike County Circuit Court was re- versed in decision written by Mir Justice Tyson, and dissented from by MT. Justice Haralson and MT Justice
 Troy Case Similar.
 The case was quo warranto pro- ceeding instituted by Mr. Gamble to oust Recorder Hubbard from presiding over the Inferior Court of Troy.
 In 1870 the Legislature granted to Troy charter conterrIng upon the mayor Jurisdiction to try certain cases. In recent years, the Legislature pass ed an act creating the inferior or re- corder's court and conferring upon the judge of that court called recorder by the act, Jurisdiction of some of the cases which had been conferred upon the mayor in the charter of 1870. After the adoption of the State Con- stitution in 1903. the Legislature pass ed an act repeating the act that estab- lished the Inferior Court of Troy
 The question raised was whether the recorders court act was an amend ment of the charter act and therefore that the repeal of the latter act amend ed the charter so as to make it viol- lative of that provision of the consti- tuition which inhibits the passage of a local law amending the charter of any municipality.
 In the opinion in the Troy case 1t was held that the recorders court act was not an amendment of the charter and therefore the act repeating 1t was not unconstitutional In closing par vious opinion In the Little vs. Huey case in the following wo.1s.
 The case of Little vs. State ex rel, l Huey Is directly opposed to the prln- ] oiples we have declared, and must be 1 held overruled."
 WfIh the .unOerStanulnR or the case, l the affect of the ruling Is apparent on
 the local sltustion. In tne last ses- sion of the Legislature. the late Sen | -ator Screws introduced n act entitled. | "an act to establish q Board of Com missioners of Police for the City of | Montgomery, Alabama" This act was passed by the Legislature. It provided | for the election by the City Council of i a Board of five members. to be held at l the first regular meeting of the City | Council after November l, lg13. After | tho election of the first Board, cleo | tons were to be held every two years. |
 The act provided further for the cleo | ton of President of the lsoaId for | the exclusive power of the Board to | appoint and discharge all members of | the police force. Cor tho adoption of l rules governing the police department; | for the trial If any and all charges | brought against any O. the members | of the department: for the power to | fix the salaries of policemen. subject f to the approval of the City cour Fl. | The salary of a commissioner was placed at sl20 q wear: the city clerk | was to be a member of the Board ex- cfficio; the Hoard was to meet on the first Monday of each monrii.
 Council Was Advised.
 When the matter was brought up In | the Council after the passage of the | act, the City Attorney at the time, | Ray Rushton, was asked for an Vpin- lon on the act He expressed his be- | lief that the act was unconstitutional, | being in the nature or an amendment | to the city charter. A test case was fnstituted. beng hrougnt by Attorney Fl Nelson who asked the City Court | fof d T1nandamus to compel the City