The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-18
HOPE COMMISSION
MATTER IS ENDED
Attorney Smith Holds to Origi-
nal Interpretation
OTHER FAULTS ARE FOUND
Some Claim General Law Cannot Re.
peal Local Act Unless Express
Stipulation Is Made to That
Effect.
OTHER FAULTS ARE FOUND

While nothing definite has been heard
from Governor Conner or Attorney Cen
eral CARRIER, the impression prevailed yes
terday in Birmingham that the worry
over the new police commission bill and
the manner of choosing the members Of
that body was a thing of the past.
In other words, the story in The Age
Herald Sunday was generally accepted as
correct, especially as it bore the indorse-
ment of City Attorney Smith, to the eff
feet that it is a penal statute and cannot
be effective until thirty days after the
adjournment of the legislature.
The city attorney seen yesterday, stat
ed that he had no reason for a change
of opinion. He is awaiting the answer
to the letter written the attorney general
Saturday. Unless Governor Conner or the
attorney general finds that the local in
depreciation is incorrect, the police COM
mission matter will cease to receive the
concentrated gaze of the people locally.
Administration Is Pleased.
As stated yesterday, the solution
reached pleased the present administra-
ton. Mayor Ward was somewhat elated
that the problem had solved itself and
that It is retiring to a rear seat. Under
the new Interpretation the present police
commission will continue effective
The nominees for seats Messrs. Parker,
Copeland, Yielding and McGavock, will
be elected in May. They will be seated
will in, ofd
days after the adjournment of the legis-
lature following the reconvening in July.
1t is minated that this solution re-
moves all difficulty in the governors way
in making his appointments. AS has been
published, several citizens who have been
onered position on the new commission
declined, the chief reason being the ne
cessity of entering strenuous political
campaign. AS the appointees of the gov
ernor are now expected to serve until
the election in 1s09, Sit is argued that
there is no longer any doubt existing as
to the ability of the governor to have
those he most favors accept the places.
other Opinions Expressed.
lnasmueh as the bill creating the new
commission has been before the eyes of
the public in a most prominent manner
for several weeks, the result is that sew
eral have found faults of various kinds.
Some legal talent of the city, among the
number being Judge Dan Greene, is OF
the opinion that the bill is a quasi penal
statute-that is, one which is midway be-
tween civil and a criminal statute
These gentlemen are of the opinion that
whether the bill is strictly a criminal OF
a civil enactment is not clearly defined
Another point raised is that while the
bill creates a new commission it does
not repeal the old. 1t is argued that the
old commission can remain effective UNI
til some act of the legislature annuls It,
1t IS argued further that a general act
does rot render null a special act, unless
such stipulation is especially stated in
the general act.
Stipulation Not Necessary.
City Attorney Smith gave it is his opin-
ion last night that such a stipulation is
not necessary; that the intention of the
legislature was to dissolve the old COM
mission and that this intention would
counteract any trif1ing technicality that
may from time to time arise.
The general impression is that the
people are glad that the commission will
cease to be the central topic of discus