The Birmingham age-herald., 1907-09-01
Question Between Old and New Bodies Must Be Fought
 Out in the Courts
OTHER PROVISIONS OF
 NEW MUNICIPAL CODE
Chief of Police and Numerous Other City Officials Will Be Elected By the Council In the
 Future.

The Board of Aldermen will not elect police commission. That Is the latest dope. Although Aldermen o'Neill and Heidt started to put through such measure at the special meeting Thurs day afternoon, they have. on recent con sultation with their attorneys. decided to withdraw their motion and let matters take their course.
 This, however, leaves it certain that legal fight will ensue between the old po- lice commission and that which will be appointed by Governor Conner. This IS brought about by the fact that prominent attorneys, among them City Attorney E. D. Smith, are of the opinion that the po- lice commission law which Mayor Ward passed through the recent legislature is unconstitutional, being a local and not general law, and that the old police com mission has the right to remain in office until October, 1908, after the general elec- tion.
 However, this opinion will necessarily be tested The matter will probably be allowed to lie dormant until Mayor Ward returns, and then the governor will make his appointment of two administration men. Immediately, it is prophesied, tho old commission will enjoin the new one from meeting and the legal points will be thrashed out in the courts.
 Claim 1t Is Unconstitutional.
 In that case the grounds upon which the old commission will base their claims will be that the law, calling for ap- pointment by the governor. is unconsti- tutional. This phase of the subject has been recently treated in brief prepared by City Attorney F. D. Smith for Alder man O'Neill, the substance of which IS as follows: "The classification in the bill of cities of 35,0O inhabitants, located in counties of 10000 people, applies to the city of Birmingham. It was intended as a local proposition, and is therefore local law" He then quotes a number of decisions, and goes on to say that the law is unconstitutional because it is local and not general as Is required by the constitution, which specifies that such a bill must apply to two or more cities. This bill applies to only one.
 There may be another side to the ques- n, in the courts. On the other hand, the reasorf the ant-administration majority in the council has given up the idea of cleoting a commission was expressed yes terday by Alderman M. Gregg, prom inent attorney. He said
 Cannot Elect Commission.
 'I have made a very close study of the x.f City Council, and have come to the con clusion that the council cannot elect po- lice commission.
 "The new municipal code bill provides in section 199 that any municipal corpor- ation existing under the laws of this state, at the time of the passage of this act, which shall desire to organize it's present city government under the pro- visions thereof at once, may, by the pas sage of an ordinance do so, and shall proceed to elect such officers as are re- quired by the act, and not provided for by the charter of the city.
 This is tho ground upon which the council correctly proceeded with the organization of the city, and the election of president of the council John L. Par ker.
 However, the last clause of section 199 says that should there be any office ex- isting under the charter of said city. not authorized by the act, such office shall cease to exist at the first general i election, and not before.
 For this reason, the code provides 1 that the police commission shall exist until october next year. Therefore the | city council cannot elect their successors and the code further provides in section | 179 that the commissioners shall be elect ed at the first general election.
 Section 200 of the code provides that all laws, both general and special. in con fict herewith. be repealed. It is a ques- | tion whether this would repeal the com mission bill under which the governor may appoint. At any rate that bill is un- | constitutional on account of it's local ap- plication."
 Council Elects Chief of Police,