The Birmingham age-herald., 1907-12-20
Supreme Court ReVsrses Judge Lanes Decision In Famous Police Commission Case TOM M'DONALO MAY BE
 NEN CHIEF AS RESULT All Sorts of Gossip Is Going the Rounds As To What Will Happen
 Next In the Police
 Department.

was the decision of the supreme court yesterday in the police commission case. It brings about a condition of affairs which is interesting and sensational. It enlivens municipal politics, and continues the circle of sudden changes which has marked 1907 more than any other year in the history of the city.
 The Alabama supreme court In re- manding the case of the State of Ala hama vs. F. F. Saltsman, from the circuit court of Jefferson county, holds that what is known as the Birmingham police commission act is UNCONSTITUTIONAL in that it is a local law passed under the e,1ise of a general act, and as such was not advertised in compliance wlth section 1O6 of the constitution. The el- feet will be to put out of office the police commission appointed by Governor Conner and reinstall these members who were elected by the people.
 Starts Buzz of Gossip.
 Discussing this act the court, in opin- ion by Mir Justice Anderson, says:
 "The act in question was in no sense a. classification of counties, as it's mani fest object is to create police board in cities and pertains in no way to the regu- lation of counties. Nor is it a bona f1de classification of cities as it expressly excludes cities of the same class, unless located in a county of certain size. While there are other cities in Alabama other than Birmingham with the neecs- sary population, Birmingham is the only one located in a county with a popu- laton of 125,OO0 The substance of the solutely emasculated. The act in question conditions in Birmingham, although the act is disguised in the garb of general law. While we do not wish to recede from our former decision on this sub ject, and do not intend by this opinion to give the backing signal, we do think the subject and occasion appropriate for an application of judicial brakes, else section 110 of the constitution will be ab- solutely emasculated. The act in question being local, although under the attempted quise of a general law, is repugnant to section LOG of the constitution, for the reason that no notice was given of the intention to apply for the enactment of the same''
 Anderson Discusses Decision.
 The news reached Birmingham yester- day afternoon by telephone and the streets Immediately became a buzz of dis cusson. It is a live tojic in all quar- ters, as much depends upon the police en- forcement in the trial of prohibition.
 The general opinion seems to be that the old commission will go back into power within a few days and will re- main there until the municipal code goes into effect. Chairman Copeland and all the members were in jolly spirits yester- day afternoon and seemed full of conf- dence.
 This means that the commission plan for which Mayor Ward worked so hard before the legislature will lose out after all, anc unless something unforeseen arises, the body composed of Mayor George Ward, chairman John B. Weakley and Frank B. Yielding, will close it's eventful sea- son in power after holding four meet ings.
 Judge Lane Explains.
 Judge Lane, when seen last night, was asked the meaning of the decision, 're- versed and remanded." He said: Tt simply reversed the decision of the court and returns it to me for retrial As soon as I receive the notification, I will set the date for retrial That will probably be only matter of formality. No doubt the lawyers will agree to the facts in the case. as there seems to be little dispute on that point. While I have not seen the decision of the higher court I imagine it could hardly be on anything else than the legal merits of the case. If that be so it is practi- eally settled already. It will take only a short time to go through the formality of the trial, and then, if nothing else arises, the court will reinstate the old commission"
 Hal. J. Copeland, chairman of the old commission said: "I am informed by my attorney, Felix Blackburn, that we have won out fairly and squarely and that as soon as we received official notifica- tion we resume charge of the police de- partment
 Just as soon as we receive the nothca- tion I will call meeting to elect a chief of police. At present the department is operating without chief, since Mr. Wier has been indenfinitely suspended" When asked who would be directed to the va- cancy he refused to be quoted
 Commissioner Weakley, Chief Wier nor Mayor Ward would discuss the matter. preferring to wait for the news from Mont gomery. The Mayor believed the decis- ion was rendered on a technicality.
 History of the Litigation.
 The history of the case is quite inter- esting. Last year, before the election, Mayor Ward went to Montgomery and secured the passage of a bill instructing Governor Conner to appoint two commits soners with the Mayor chairman and abolishing the old commission. When the bill had been signed there remained but a few weeks before the election, and the governor could not persuade anyone to accept the office with a campaign staring them in the face. The point was then raised that the statute was penal, and not effective until after the legislature adjourned. so last August the governor made the appointments.
 At the time Mayor Ward was in Europe, but immediately on his return, during the first part of September, he called a meet ing of the new commission, and ignoring the old body. took charge of the depart