The Montgomery advertiser., 1907-09-18
WHEN IS NEW
 CODE A LAW? .Questionsa Serious One in Montgomery. ATTORNEY TO GIVE OPINION Aldermen Do Not Seem to Have
 Definite Knowledge. Some Hold That New Municipal Code Is Not Effective For Two Years. Unless Sooner Specially
 Adopted.

In it's session Monday evening, sever al members of the City Council ex- pressed doubt as to whether or not the new Municipal Code enacted by the Legislalure is now in force.
 Alderman Gunter, in a speech on tue granting of saloon license for a length of time less than one niontn. stated that according to the new laws such permission could not be granted. and based his argument against the granting of the petition on this feature However. when asked by a member of the Council whether or not the new laws were now in operation in Mont gomery. none put an evasIve response was given.
 Alderman Holloway, equally as cu- rious in regard to the matter. drafted and had read to the City Council res olution authorizing the Mayor to in- struct the City Attorney to render an opinion on the new code, and to state when the same would be in operation in this city. and through what methods of procedure must the new code be adopted
 Several weeks ago Mayor Teasue re- quested the City Attorney for, an opin- ion relative to this matter. btn mas not received. up to date. an expression in regards to the features stressed. In view of the difficulties under which the city is now laiboring. and in view of the doubt and various expressions con- corning the bill. the matter has comc
 
 the most intefesting subjects of con versatton in several months. and is meeting with as many views as the complexity of the Councils dificulties when the laws are put Into effect
 The first difficulty to be encountered by the local Council will be a one sin~ liar to the difficulty which now con- fronts the Birmingham City Council. In the Magic City resolutions have been passed by which the new code is form ally adopted. and accordingly the AL dermeh of that city are up against the questions which the Montgomerians Undoubtedly the most interesting of these matters will be the discussion relative to the liquor license of the city Section 104 of the new code says that all sections of the city, without dis crimination as regards location. Ac- eordfngly, if Montgomery is operat- ing under the new code there cannot $400 licenses will have to be changed to one or the other. or to another sum. In Birmingham the difficulty is much greater one than in this city in view of the fact that the license in the fire limits has been placed at s3.2o0. while the licenses for the residential dis tricts are $1.e00 each. per annun.
 Some people hold that unless the Council formally pass an ordinance adopting the new code, the municipal bill will not be operative in this city until October, 1909. At this time the newly elected aldermen will complete their two years term, and will give way to the eCouncil. which is to serve under the new code.
 It is thought that Attorney Mcintyre will advise the Council to the same ef- feet; namely, that the law is not oper- ative until 1909 unless made so by the Council in the interim.
 Granted this, however. another aues- ton that will confront the Aldermen will be this:
 If the new Council pass an ordinance adopting the bill Immediately upon their entrance into office, what will be the one in which the code was adopted?