The Birmingham age-herald., 1907-09-19
CLAIM COUNCIL Is
 ACTING ILLEGALLY. Jones Wants Nine Aldermen
 Declared in Office NAMES THE LEGAL COUNCIL Forney Claims the Legislature Cannot Delegate Authority to Put Law
 Into Effect to subsid-
 iary Body.
NAMES THE LEGAL COUNCIL

The minority of the City Council played two cards at last nights meeting. The first was resolution by Alderman Jones' calling upon the board to dissolve and organize, he considers legally, under | the municipal code. It was the develop ment of the opinion that only nine mem bers of the board are legally members since the code went into effect on the 18th of this month. Here Is his resolution, which will go over to the next meeting, as he was not granted unanimous consent to pass it at once:
 Whereas. the City Council of Birmng- ham, Ala. did organize under section 19s of the municipal code, said organiza ton being by ordinance, said ordinances re- pealing all ordinances in conflict with same.
 Therefore, be 1t resolved by the coun- cil of Birmingham. Ala. That under said section 199. but one alderman from each ward can act said organiza tion being legally composed of nine aldermen as follows: R. D. Burnett, First ward l. w. ONeill, Second ward; R. H. Eggles- ton, Third ward; Walter Moore, Fourth ward G. H. Cooper, Fifth ward John C. Forney, Sixth ward; C. c. Heidt Seventh ward; Dan Hogan, Eighth ward; George H. Estes, Ninth ward
 ! Be it resolved further That this coun- l Gil now dissolve and permit the nine above aldermen to organize themselves into q legislation board under section 199"
 frha uFag the clerk by Alderman John C. Forney, giving his reasons for believing that tho council is not legally organized Here | it is:
 The City Council is established on sec tion 1s9 of the general law of Alabama. called the municipal code.
 Section l99 Any municipal corpora tion which shall desire to organize it's present l city government under the provisions hereof at once, may, by the passage Of an ordinance by the governing body stating that in the judgment of the gov ernng body, that 1t is for the best in- terest to organize under this act'-then the city is so organized.
 This section is subject to a serious oh jection. It is unconstitutional, and why?
 The legislature says that the organ ization of city under the municipal code cannot be had until after September 1908. This is the spirit of the Jaw it. self and section l99 Is the exeeptioh which in particular cases changes the spirit
 The law states the organization of city does not become effective until Ffter September, 1908, unless a governing body hot
 once"
 Can the legislature favor. and leave 1t to man or small body, the riger to say when q law becomes effective. when they themselves say the general law goes into effect after September, 1908? Ger tainly "No."
 On the question of the expedency of C. law Qor instance, to say it is besD the legislature must exercise it's own Judg- ment definitely and finally, see the Wall case, AS California supreme court report page 315.
 The California Supreme Court further says '"fhe legislature can appeal to no other man or men to judge for them in relation to the present or future pro priety or necessity of law; they must exercise that power themselves"
 But you see the legislature of Alabama left 1t in our case to the judgment of our Board of Aldermen.
 There are a number of cases saying that the legislature can leave the ques. ton to vote of the people. but theN do not leave it to a small body of men
 The New York supreme court uphold. California and says: Suppose the leg islature had directed the council of tn, city of New York to certify that in theil opinion the act ought to become law 1t cannot be pretended that the act woulC have become a law on their certificate.
 "The constitution does not authoriz, the power of legisla ton to be given ove to another body."-S New York. 4S3 S Alabama, 20.
 } This New York case, Barto vs Hemrod 8 New York, page 483, is cited as al authority by the supreme court of Ala bama in the case of Clark vs. Mobile, 6 Alabama, page 220, and the legislature O . Alabama can not substitute the judg ment, wisdom, and patriotism of anothe body for those to which alone the peop have seen fit to confide this sovereign trust"
 i This sovereign trust was confded il the legislature of Alabama, and the lat , Chief Justice Mcclellan in 134 Alabama } page 4l2 Mitchell vs. city of Florence clearly states our case and supports ou contention.
 B The legislature of Alabama says the don't think the municipal code ought t go into effect until after September, l90t hut if the several cities through thel aldermen judge differently the law zoe in at once.
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