The Birmingham age-herald., 1907-09-29
New Commissions Action Will Probably Force Old Body
 Into the Courts
COPELAND SAYS TIE OLD
 BODY STILL CONTROLS
Chief Wier, on the/Advice of the City Attorney, Decides to Obey Orders of the New Police
 Commission.

The Three Bs" seem to be in charge of Birmingham's police force.
 A stream of policemen filed through the Mayors office yesterday, and each swore his allegiance to the new police commis- sion. Chief Wler. Desk Sergeant Shirley and Lieutenant Eagan were the first and all the principal officers followed Mir Shirley. as notary public. witnessed the signatures.
 The Mayor states that he is just waiting for m officer to refuse to take the oath, as he will be immediately suspended from the force. The Mayor has always had the right to suspend policeman.
 Hal J. Copeland of the old commission says instructions will be issued from time to time and the first time they are dls- obeyed, suspension or dismissal will fol- low. He still contends that the new commission will have to go to law first.
 Chief Recognizes New Commission
 However. as Chief Wier has recognized the new commission, and his officers are working under him, the force is undoubt- edly in the employ of the new comms- sion at present. Acting on the advice of City Attorney Smith, the chief will attend the meetings of the new com mission, and file his charges against dis obedient officers with it. Should the old commission hold a meeting under pres ent conditions. they would have little business to transact. without an officer or a paper to act on.
 Statements by Both Sides.
 .Ae new commission says: We have no connection with the old commission. We do not succeed them nor take their places. We are d new body. hitherto un- known in Birmingham, created by act or the legislature. We have books of our own, and care not whit whether we ever see the books of the old comms- sion"
 .... Hal J. Copeland, chairman of the old commission, has this to say;
 ..I contend there is but one legal po- lic& commission, and that is the body elected by the people, of which l am chairman. City Attorney Smith, in his letter to Chief Wier, gives it as his opinion that the validity of the act under which the governor made his appoint ments is more than doubtful our at- torneys advise us that there is no doubt bus that the act is unconstitutional and further, tat tho act does no pretend to repeal the special act, creating the old commission The old commission will continue to exercise the authority con ferred upon it by law until busted or restrained by the courts. instructions and orders will be issued from time to time to the police department and they will be obeyed and carried ont, or the recalcitrant officer will be suspended or dismissed from the service, and in case of dismissal, the vacancy will at once be filled by the commissions
 We are in office as police comms sioners of Birmingham, and claim that VIC have not been legislated out of office an, that the proper and orderly method of testing the question would be for the new commission or some one for them to file direct proceedings against us, test ing our rights and authority. This was hell by the supreme court to be the proper course in the case of the court of county commissioners of this county when that court was abolished and the Board of Revenue established in lieu thereof, and would relieve the police de- partment from any embarrassment in the matter"
 Wier Asks for Advice.
 Chief Nier, on receipt of the letter from the Three B' commission, which informed him of It's organization, referred 1t to the city attorney, with this letter attached:
 Hon. Ed Smith, City Attorney, Clty
 Dear Sir You will find attached letter from lion. George B. Ward John !. Weakley and F. E. Yielding. members composing the new police commission ere- atcd by an act of the last legislature You will note the contents of same, and 1 wish to state that l am also informed that the commission in power before the passages of this act will continue to eX- ercise authority over this department 1 appeal to you as city attorney and fae legal authority by whom may be ad- vsed and 1 shall q bide by your advice in cose of conflicting orders from the two bodies. Awaiting an early reply | peg 10 remain, yours very truly.
 W. F. WEIR, Chief of Police
 The city attorney made this reply:
 September 2s, 190l w. F. Wier. Chief of Police. City:
 1 beg 10 advise as follows: There are now two boards as 1 understand 1t in the city of Birmingham, each claiming 10 be the police commission of the city. ono acting under the old law and the other under the law approved March |. 1907. The new board. shown by the letter to you, dated September =. claims that i, has full power and authority over the police force of the city of Blrming- ham under the terms of the act au- proved March :. 1907, above referred 10; while the old board claims 1 under stand it. that 1t retains its power and authority over the police force of the Gity by virtue of the invalldty or repeal of this act.
 have given considerable thought to the act approved March :, 1Dl and to my mind It's validity is more than doubtful, but I cannot predict what the courts will hold in the matter. and this is d question which must be settled by the courts and determined by them.
 You are seeking advice admnis- trative officer of the city II seems to me that, in d case sucn as the present. where it is not absolutely certain that the act of the legislature Is invalid or imperative, the proper course for you to take Is to assume the validity of the leg islative enactment until the courts hold that 1t is invalid.
 Therefore, 1 would advise you. al pres ent. in case of conflict tc obey the orders of the police commission as consti- tuted under the act approved March ', 1p7 Yours very truly. F, D, SMITH,
 City Attorney.