The Birmingham age-herald., 1907-03-17
Is Penal Statute and is Effec tive Thirty Days After
 FinaIAdjDufnmsnt
WARE PLATED BY SIMPLE
 SOLUTION OF QUESTION
City Attorney Smith Says Governor Conner Need Not Hurry About Ap- pontments, as There Will
 Be Plenty of Time.

The police commission problem, which has been the center of attention for the last month or more, has been solved.
 Under the law, the recent bill providing for new commission cannot take effect until thirty days after the adjournment of the legislature.
 It is expected that the legislature will present, and in July will reconvene. Thir- ty days after the adjournment of this session, the bill providing for the new police commission will be effective.
 The reason the bill cannot take effect until thirty days after the adjournment of the house is that it is penal statute. A penal statute is one that provides a penalty for an infringement of any of the stipulations of the statute in ques- tion. The new police commission provides a penalty for any commissioner who is guilty of violation of his oath of office. Therefore, according to the construction of lawyers in Birmingham. 1t is a penal statute and cannot go into effect until thirty days after the adjournment of the general assembly. This adjournment is expected to occur in July.
 Code Is Cited.
 Section 5540 of the state criminal code says: "No penal act shall take effect un- til thirty days after the adjournment of the general assembly at which such act may be passed unless otherwise especial ly provided in the act"
 In the act in question, there is no special provision made as concerns the time that it is effective. Therefore if it is penal act, it cannot take effect until thirty days after the adjournment of the legislature. That it is a penal act is ad- mitted. It provides a punishment for any member of the new commission who is guilty of any misconduct
 It is believed that the commission prob lem is thus solved. Inasmuch as the bill providing for the new commission does not take effect until thirty days after the adjournment in July, the old commission, until that time, will be effective. There fore, the candidates for the old commis- sion nominated in the recent primary Messrs. Copeland, Parker, McGavock and Yielding, will be elected at the general
 
 office. The old commission will therefore, serve until the new commission can oper- ate under the new law. When the time for ttlf new measure to become effective arrives, Governor Conner will appoint the two members to serve with Mayor Ward. and the new board will be in power until the following election, which will be in 1909.
 Candidates Were Timorous.
 On account of the fact that it was be- lieved that the appointees would have to enter a strenuous campaign for indorse- ment so soon after being appointed to office, those on whom Governor Conner de- sired to place honors hesitated. It was for this reason that the appointments have not yet been made. It is not be- leved in Birmingham that Governor Conner was aware of the fact that the new bill, under the law cannot have eff feet until thirty days after the adjourn ment of the general assembly in July
 City Attorney Smith holds the above opinion. Mayor Ward has the same idea, and Representative Jere King, to whom the above was made known yesterday agreed. The solution was so simple that there was surprise that it had not been seen before.
 All Think Problem Solved.
 City Attorney Smith gave out an in- terview yesterday. At first he was ex- ceedingly reticent. He was asked for an opinion as to the time that the new com- mission bill took effect. He would not give an answer. He was next asked for the definition of a penal statute. and gave it. He was next asked if in his opinion the bill creating the new commission was a penal statute. He did not reply, but went into consultation with Mayor Ward. After this consultation he gave it as his opinion that the bill was a penal stat ute, and that it could not be effective until thirty days after the adjournment of the general assembly.
 After this admission the authorities were of the code, which states that a penal statute cannot go into effect until thirty days after the adjournment of the gen. eral assembly, MT. Smith found that the case of Omstead vs. Crook, S9th Ala, page 22S, covered the ground, as did the sixth volume of Words and Phrases Ju- dicially Defined" page 52s9.
 Immediately on this discovery, City At torney Smith, at the request of Mayor Ward, directed letter to Alex NJ Gar Der, attorney general of the state of Ala bama. The attorney general was asked to investigate the matter and to explain the situation to Governor Conner. He was given practically the same information as is contained in the above.
 City Attorney Smith Talks.
 MT. Smith stated: Tt is clear to my mind that the bill creating the new com mission is a penal statute. that is, one that provides for penalties. Therefore, 1t cannot have effect until thirty days after the adjournment of the general assem- bly,. Of course, we do not know just when the general assembly will adjourn. It convenes again after the recess in July, and thirty days after the adjournment, this bill will have its erect. The goy. ernor will then name the members of the new commission, and that body will serve until May, 1909. It seems that this solves several weeks
 Mayor Ward, after having the matter brought clearly before him, was well pleased. He stated that there was no