The Montgomery advertiser., 1907-03-19
COMMISSION
 NOT ELECTED Council Talks, But Does
 Not Act. TWO REPORTS ON POLICE Majority Favors Proceeding With
 Creation of Board. speeehe. Made Pro and Con, But A. a<rmen Finally Agree to Let
 Question 60 over te Next Meetins.

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 The election of the proposed Police Commission did not take place in the proceedings of the City Council Mon day night. It was talked about for more than an hour, and the discussion comprised many speeches. much examination and cross s-examination and many parliamentary ma noeuvres. The net result was a notifi- cation by Alderman Lobman that he would call the ordinance creating the Commission and providing for an eIec- tion at the very next meeting, regular or special. of the City Council
 The matter was introduced in favor able and adverse reports by the joint upon the ordinance creating the Police Commission of Montgomery in accord ance with the statutes of the State of Alabama. The favorable report was a majority report. The adverse report of the minority was signed by Aldermen Holloway and U. c. Tyson. It reported against the ordinance on the ground that the Supreme Court of the State had declared unconstitutional the Leg sion.
 When the reports had been read by that the minority report be substituted for the majority report, but Mir. Ruth, presiding in place of President Gun ter absent, had hardly put the motion before Mr. Roemer moved that Mir. Holloways motion be tabled. Mir. Roe mer's motion prevailed those voting with him being Aldermen Foster, Grif- nth. Jones. Lobman, Ryan, Strauss and
 Mir. Boomer followed his motion to table with motion to adopt the ma- 5ority report and with the same sup port the motion prevailed.
 The ordinance was then placed be- fore the Council and MT. Holloway, advocating the minority report spoke He declared the ordinance to create the hed hodlcS Ss Gomdmisslon d1 asna was void, that 1t City Court of Montgomery and the Su- preme Court of Alabama. He reviewed the decision of the Supreme Court in the case of Thomas against the City Of Montgomery, where the court had declared the act unconstitutional. He expressed the belief that if the Coun- Gil attempted to elect Commission it to be enjoined. Mir. Foster questioned points.
 Mir. Strauss then spoke in favor of the election. of the Commission. He said the majority of the joint commit lee. in reporting the ordinance favor ably, was backed by the opinion of President Gunters himself an attorney. who held opinions opposite to those of Mr, Holloway.
 The opinion of City Attorney c. F Mcintyre was read. MT. Mcintyre. ad- vising the Council that in his opinion the creative act of the Legislature was constitutional, yet informed the Council that it had been declared un- constitutional by the Supreme Court in Judgment which the City Council, he baintained, had best not ignore.
 MT. sullivan, referring. to the opin- ought to be the finest Jockey in the world; that was the neatest straddle. he said, that had ever been made.
 MT. Roemer made a motion which proved to be the turning point of the battle. He moved that the ordinance lie on the table and the motion pre- vailed largely for the alderman who op- posed the election of the commission saw that they could turn the point to advantage. When roll call was made Aldermen Cox, Foster, Griffith, Hollo- way. Jones. Lobman, Roemer, Ruth, Rya an. Strauss Sullivan, Tait and J. c
 EIecfion Goes Over.
 MT. Roemer then proposed that the Council proceed with the election but TIT. Holloway raised the point of order the table disposed of the entire matter until the ordinance was recalled from the table Chairman Ruth sustained the point of order. and an appeal from the City Council did not specify what majority was necessary to overrule the ruling of the chair and MT. Ruth held that two thirds majority was neces- sary. This could not be mustered by the appellantss The ruling of the chair therefore prevailed, though the opin- ion was expressed that the chair ought not to have the right to rule by what rules it could or could not overruled.
 We contend that there are vacancies and that we can proceed to an election to fill them" contended Alderman
 Mir. Foster moved that the Council have the election irrespective of the ordinance, which he held was unneces- safy, maintaining that the election could be held under the provisions oS the act of the Legislature without the passage of a measure by the Council hl. Poster asked that the City At torney express his opinion upon the
 Alderman Sullivan objected loud and long to this. He said that this was a parliamentary question and that Mr. in the face of Acting President Ruth. MT. Ruth. however, asked that he be allowed to confer with MT. Mcintyre the City Attorney, and after a brief conference he ruled that the ardinance would have to be recalled before the election could regularly be had.
 Mir. Lobman then served notice upon the Council that he would call up the ciaI meeting of the City Council and the police commission election was again deferred.
 The Arcade plan was not mentioned in the session last night. It had been expected that the Finance Committee would report upon the matter. but nc report was made and a member of the committee, after the meeting of the Council, stated that the committee hac been unable to obtain all the informa. fion 1t needed to base its report.
 Fruit peddling Legislation has a re- niscence last night but there was not much noise over it. Alderman Foster one to prohibit the sale of fruit bS peddIers from wagons in the city's fire limits, the other to charge a license oa S150 a year for the wagon peddling oi ltA
 No Saloons Outside Fire Limits.
 Another ordinance of great import ance was introduced and committed very quietly. This was a measure in-