The Montgomery advertiser., 1906-08-07
MEASURE FOR POLICE BOARD Ordinance is Introduced
 in Council. CITY ATTORNEYS OPINION Aldermen Must Create the Com
 mission. The Fight VIII Come at the Next Meet ing over Proposed Law
 Presented by MT.

I tion of members of the board was in-
 troduced by Alderman Ryan at the reg
 ular session of the city fathers last
 night, and was referred to the Com mittees of Police and Judiciary.
 "I don't see why the matter is to be l referred to the Police Committee al
 all.' said Alderman Hudson. when the motion was put on the ordinance 'Ii is a matter for the Judiciary Commit | tee pure and simple" His objection l was overridden.
 | The ordinance of Alderman Ryan fol l lowed the reading of a communication | from Mayor Teague, in which was con- tained the opinion of Acting City At | torney R. Tyler Goodwin, on the legal l ity of the Commission law, since the | recent action of the Supreme Court tn | reinstating the Bessemer Police Board | This Board was formed on the authority l of law similar to the law calling for | the Board in Montgomery.
 Interest Ran High.
 l The question of the Police Commis- l sion was easily the important and in- terest compelling feature on the even 1 ings program of the Council. During ! the three hours of the session before l the subject was raised. there was evil l dent a spirit of restfessness among the
 Aldermen which could be attributed to only one cause. Notwithstanding the numerous ordinances and resolutions which were disposed of, there was only one big question on the tapts, and that | the Police Commission.
 The announcement in The Advertiser
 that the matter would be brought up | in Council and discussed at last night 8 meeting, had brought many visitors to | the Council chamber. During the | hours of business which preceded the ! discussion of the matter. they waited I in expectancy for the debate and strug. ! gle which was counted on. It was | known that the measure would be wig
 orously opposed, and that there would | be conflict of some kind.
 | The hands of the Council Chamber clock pointed to 11;25 o'clock when the | question was finally placed before the
 of the opinion of Acting City Attorney
 Goodwin. recently asked for by the
 Mayor. that the Police Commission
 question was brought before the body, stated that the action of the Supreme l Court in re-instating the Board of Po- l Nae Commissioners in Bessemer, at the met session of that tribunal, after hav-
 GO years ago. also resulted in legal onting the act passed by the last Legts- bro ture, providing for tt election of a way of Mont sessaery. u,ns r the recent 2 syt ing of fhe preme e nr Tt, therefore. aaist,sCity copa-sR was us4er legal obi rssu .As with the legisiatiee act. fi At City Attorneys Opinion.
 | ,tlines rney Goodwin further stated, | Eroual IT, that in his opinion. such a | Ev dss .appo'>ted at the present time. | ysLdld not ..ve power to interfere with | the present organization of the police | department. The text of the Attorney s | opinion in full follows:
 Montgomery Ala. July 27, 1906; Hon. Wm. M Teague, Mayor, City. Dear Slr-Rep1ying to your request | for my opinion as to the effect of the | decision of the Supreme Court In the case of ex rel Gamble vs. Hubbard, upon the act creating a Board of Police | 4uei CifV nf Mont = gomery. beg to say:
 "In the case of Little vs. Huey ct als. l l37 Ala. 659, from the Bessemer City | Court, the Supreme Court declared un- | of Police Commissioners for the city of Bessemer upon the conclusion that said act was violative of subsection IS of section 104 of the Constitution ter of the City of Bessemer, whose charter like that of Montgomery. was legislative enactment The act Of
 the Legislature creating Board Of Police Commissioners for the City of
 Montgomery, similar to the Bessemer enactment so far as 1t bears on this opinion, was declared unconstitutional by the Supreme Court in the case of cry, 140 Ala 659. the Supreme Court | in said opinion saying: The act in
 question Is In substance and legal ef- | feet as to the City of Montgomery he
 
 ating a Board of Police Commission CTS for the City of Bessemer. was to the latter city. =" This appeal is no more than an effort to have us re On the authority ot that case the judg-
 ment of the City Court must be af-
 Firmed'
 | Supreme Court deems the Bessemer and Montgomery enactments clearly | similar in so far as they are affected by subsection ls of section 104 of the Constitution which provides that the ciai, private or local law. authorizing, l confirming or extending the charter | of any private municipal corporation,
 by reason of which provision the su- | the Bessemer and Montgomery acts | unconstitutional.
 'Tn the case of Gamble vs. Hubbard, case Is expressly overruled. while the 1 former decision in the Montgomery case | is overruled indirectly, the question in
 both cases passed upon py the supreme | The court said In the case of State vs. | Johnson. 91 Ala. 75, That when no rights are acquired upon the faith of a | judicial construction of the Constitu- | tIon ar statutes of a State, the last utterance of the highest judicial tribu- | nal is regarded not as retroactive In l It's operation, put true lhtOA pA SNe. lioh | of the Constitution or Of the statute | as it was when ordained or enacted, | and the courts of the United States. and of other States. will adopt and tol- low the latter construction.' And as l no rule of property has been estab- 1 iished by the courts decision in the | case of Thomas vs. City Council of | Montgomery, 40 Ala. 656. it is. there | fore. my opinion that the act entitled | an Act to establish Board of Com missioners of Police for the City of l Montgouery. Alabama, approved Feb | mary 19th 1903. has at present the 1 same force and effect as at the time of | its approval and that 1t is the right | of the City Council to elect Commits | sioners of Police as provided for in | said act However, in numerous opin- | ions the courts of last resort have de- | eided that any rights acquired upon | the faith their decision are valid l Bearing this in mind, 1t IS not dit : | ficuIt to see that 1t Is question of grave doubt whether the Commission | CTS, if elected. would have the right or | not to anRull or abridge, for the pres | ent terms the authority of officers ap- pointed by the Mayor on the strength | of the opinion in the case of Thomas vs City Council of Montgomery above
 My opinion not having been directly | reouested upon this phase of the case. 1 I have not suficiently investigated to | give a conclusive judgment and merely | state the above for your benefit.
 respectfully,
 "R. T. Goodwin Acting City Attorney" | Immediately upon the reading of the