The Montgomery advertiser., 1907-05-07
IS PASSED UP
TO THE COURT
Police Commission Act
to Be Tested.
MANDAMUS CASE TO BE HEARD
Council Rescinds Its Authorization
to Grant the Writ.
Action Taken On Advice OF City Attor-
overwhelmingly Step Toward
Sale OF City Imfirmary On
Perry street.
MANDAMUS CASE TO BE HEARD

Under advice from City Attorney C.
session last night lasting nearly four
hours, rescinded it's former action on
the police commission matter The
resolution adopted at the previous
meeting, authorizing the City Attorney
to grant the writ of mandamus filed by
J. L. Walker to compel the election
of a police commission was repealed.
The City Attorney took the view
that the granting of the mandamus'
followed by an election of police COM
missioners to be subsequently en-
joined, would give rise to techincalities
in the legal phase of the situation. and
he desired that the Council either go
ahead and elect a police commission
or rescind its former resolution.
1t will be remembered that j. l..
Walker, a Boguehomme merchant re-
Gently petitioned Judge Sayre of the
equity court, for a writ of mandamus
to compel the City Council to proceed
with the election of a police commits
sion.
Seeking to expedite matters, the
Council, at its next meeting, adopted
thought the Council could grant Mr..
Walkers contention and elect com
missioners who were to be immediate
ly restrained from serving. 1t was
sought to test the police commission
act through the Injunction channel,
but according to the City Attorney
what was thought to have been expe-
ditious had only muddied the waters
more.
The hopes of DIR. CASTOR Greil, city
physician. for a city hospital for Mont
gomery, were partly realized at the
Council meeting when the resolution
directing the execution of a quit claim
deed to the City Infirmary property on
South Perry street, was passed by an
overwhelming vote.
All of the fifteen aldermen present,
except Alderman J c. Tyson, voted
for the measure. Mr.. Tyson declared
his opposition to such steps, on account
of the citys financial condition
Though he wished such an undertaking
God speed" he declared that Mont
gomery was not in position to spend
three cents.
To Erect Handsome Hospital.
The city owns an interest In the IN
Urinary property valued at $4,000. for
which a quit claim deed is to be exc
cuted to the board of lady managers
of the institution. 1t is proposed, then
to sell the property for between $50
900 and $4,000, and with the pro-
ceeds and other funds to erect
handsome city hospital to cost $75.-
900. The idea is to erect the institu
ton on a site at present owned by the
city, to equip the hospital and then
turn it over to the city for mainte-
nance.
Among other things which went be
fore the city fathers last night were
two petitions from property owners
on South Hull street The property
owners are said to represent so pei
cent of the front footage on the
thoroughfare One petition asked that
South Hull street be not paved witt
brick, bitulithic or gravel. while the
other urged the Council to pave the
street with asphalt
The paving of this street has already
had chapter in the courts, in which
G. w. Barnett and others won out In
their injunction restraining the city
from laying brick pavement.
At the close of last nights session
bids were again opened for the paving
of this street.
When the Council was called to or
der, the following aldermen were in the
chamber: President Gunter and Alder
men Coins Ruth, Holloway. TAFT. Lob
man. Cox, Roemer, Tyson, J. c.; Tyson
"a. L.; Foster, Griffith Hudson, Sulli-
van and Ryan.
A communication from the Mayor
enclosing a letter from r.. E. Lutz
complaining of the pavement on the
approach to his residence on Madison
avenue. was read and the matter was
referred to the streets committee for
adjustment
on motion of Alderman Sullivan,
prospective Aldermen Saul and Thomp-
son were accorded seats within the en-
closure.
On behalf of the finance committee,
Alderman Lobman submitted d report,
recommending that the contract for
provisions for this month be awarded
to Hudson and Thompson. The report
was adopted.
Chairman Foster of the Committee on
Streets. reported faVorably on a petit
ton OF property owners complaining of
a large bank of water which gathers on
South Perry Street near Fielder Street
during rains. The favorable report
carried with it the provision that the
property owners should bear the eX
pense of improvements necessary to
carry off the water. The report was
ADOPTED.
Chairman Griffith of the Committee on
Lights, submitted a favorable report on
the installation of arc lights on Mag
nolia Street, and at the intersection of
King and Jackson Streets. The report
was adopted
Refreshments at Oak Park.
According TO a report submitted by
Alderman Lobman for the Committee on
Parks and Cemetery, and adopted by
the Council, o. D. Brewer will be al
lowed to conduct a refreshment stand
at Oak Park on Sundays. He is, how
ever, especially restricted from selling
intoxicating drinks, being limited to
light refreshments.
A favorable report Of the Water
Works Committee through its Chair
man, Alderman Tyson, on a petition
asking the city to lay a water main on
cambridge street, between Columbus
and Randolph Streets. was adopted.
on behalf OF the Judiciary Commit
tee, Alderman Holloway reported ad-
versely on the petition of Mrs Mary b.
Holt asking the city for a retaining
wall on her property on the extension
of South McDonough street. The act
ion of the committee was sustained.
The Council adopted an adverse re
port from the same committee on pc
tition from NJ. c. Hall. who asked to be
relieved of the payment of $5i side
walk paving tax.
The same committee reported adj
versely on the petition of Annie Hen
derson Herbert Henderson ond others
asking for $4,000 damages, because or
the death of Annie Henderson. resulting
from her falling into well on Pei
ham street The committee found that
the we'll was on private property Their
report was sustained.
MolIie BartIetts petition for damages
lii N falling over q