The Montgomery advertiser., 1907-04-16
COMMISSION
 GOES OVER Police Matter Argued at
 Length. MAY BE TESTED IN COURTS Laid Over Til Next Meeting to Permit Suit to Be Brought. Vote on Postponement Is ut First n Tie, But President Gunter Agrees Not
 to Elect Commissioners
 Until Later.
MAY BE TESTED IN COURTS

l election of police commission, re- l ceived and committed report fayor- l able to the extension of Monroe Street | to Commerce Street at a cost of $40,- 900 to the city, and laughed very pleas | urably indeed at the introduction of . chicken ordinance" which was never | theless gravely accorded the official routine of being committed.
 The Council convened at 7:30 O'Clock last night; when it adjourned at II | o'clock it had considered many matters of importance and interest. The prop Ss5ion wSsn to elect p9lice ofer nounced that in the regular order of business the election to fill vacancies had been reached and Alderman Robert the ' election lection of a poliee comSission. Immed .ately there was long series of parliamentary strategies and tactics vote and closing with a close vote, fol- lowing President Gunter's speech in which he advocated an election of the be expedient to postpone until the next meeting, so that in the meantime a suit could be brought by those who doubted the constitutionality Of the tiseIy late hour. MT. Tait's motion was amended so the eleetlon ,i1s was ,Ia, not !; said that the consideration of the po- lice commission ordinance lying on the table would afford the proper manner ruled however that the Legislature of the State having authorized and di- rected the election of the commlssion' the Council could properly pass no or dinance in opposition.
 A controversy followed, which was stopped when Alderman Sullivan moved a postponement of any action to the next regular or special meeting. Al derman Louman asked ruling Of the chair; he had been told that the cleo tion didn't have to be called but was President Gunter ruled that no action of the Council in laying the ordinance upon the table had or could have the effect of depriylng, the Counch ot power
 MT. J.. c. Tyson deprecated hasty the City Attorney to give the Aldermen definite information as to how they should act.
 MT. Ruth moved indefinite postpone ment.
 immediate action He said the Coun- cil ought to elect police commission or defeat the measure to elect.
 cil?s eueried eres sSH MT. H c. Tyson. and asked Mir Roemer why he hadn't elected a police commission then.
 T was in the Council cSSn, lita but they he Roemer T wanted to do my duty then. as I do now"
 MT. Sullivan's motion for a post ponement to the next regular meeting was lost, the vote resulting in a tie to 8, Messrs. Cox, Griffith, Holloway, Hudson, Ruth. Sullivan. A. l. Tyson and J. 0; Tyson voting aye; ana Messrs. Ryan, Strauss and Tait voting. nay.
 Mr. Holloway then had the floor and spoke at length in opposition of cleo
 Mir. Holloway was followed by Pres- ident Gunter who called MT. Jones 70 the chair. MT. Gunter argued that the Council could go into election in ac- cordance with the creative act by the Legislature, upon the constitutional points of which he spoke at length. He concluded by saying that the election could be deferred to the next meeting, could be sued for to prevent election; or the matter could be postponed h. definitely so that application for man. damus to compel election could pc made In either manner, the question would be brought into the courts and decided.
 "Mr. Gunter said that while he had not changed his opinion upon the le- gality and constitutionality of the act, he had reconsidered his opinion about the expediency of an election at once He said that perhaps the election, I made and then declared unconstitu- tional, might throw the police depart ment into confusion.
 "I am glad to see the President has influenced himself by his own talk, said Mir. Sullivan, at which there was laughter.
 Mir, Holloway moved postponement to the regular meeting Mir Roemer moved to table. hut it was lost. Tho motion to postpone prevailed.
 The question of the opening of Mon- roe Street into Commerce Street was introduced by MT. Lobman, reporting for the Finance Committee, who, sub mitted letter from E. B. Joseph. chairman of committee that had in- vestigated the matter for the Council Mir. Joseph wrote that the cutting of a street twenty feet wide at the Court Street termination and twenty-five feet wide at the Commerce Street end, could be accomplished for $55,000, of which about $15,000 had already been sub scribed by individual citizens. The report. embodying the communication, was referred to the Finance Commit tee.
 When Mir Griffith introduced, by re- quest. what was promptly dubbed a chicken ordinance" there was merri- ment. The ordinance makes it a mis- | demeanor for persons having chickens or other domestic fowls under their control to allow suchh chickens or oth- CT domestic fowls to run al large upon the streets or upon the property Of others than the owners. The penalty l to he imposed for infringement of the ordinance is a fine of from $1 to $5. The ordinance was referred to the Ju- | dietary Committee
 A resolution by MT. Lobman that the 1 Council authorize the Mayor to convey 1 to the Ladies Assoc lation of the Mont l gomery Infirmary that property was referred to the Committees on Finance and Judiciary, resolution by Mr. 1 Gunter that the Mayor be authorized and directed to prohibit exhibitions on | the streets by fakirs. hawkers of pat i ent medicine and other vendors wN0 l displayed and advertised their wa i with free shows was adopted.
 | A substitute fruit ordinance, fixing ! the license of dealers in fresh fruits at ] s25. of vendors from stands occupying part of a sidewalk at $50 and of ped l dlers from wagons at $10O year was 1 a source of much discussion. It was 1 recomI1itted
 | Mayor w Nj. Teague communicated that he found upon investigation made 1 at the instance of the Council, that the i total cost of opening Park Avenue into the lower Wetumpka SDad would be | about $2,500. The Mayor said that on l account of the financial condition of i the citv he deemed the opening of the | street now inadvisable. The matter was, after discussion. referred again to 1 the Committees on Judiciary and FL | nance.
 Fruit Trees Damaged.