The Birmingham age-herald., 1907-08-22
HUNTSVILLE HAS ADOPTED NEW CODE J. R. Boyd is Elected President
 fthe Council SCHOOL BOARD IS NAMED Bitter Fractional Fight Is Raised Over Election of Board and Matter
 May Be Carried Into
 the Courts.
SCHOOL BOARD IS NAMED

Huntsville, August a.-(special)-T provisions of the new general municipal code bil, of the state were applied to the city government of Huntsville last night and in accordance herewith James R. Boyd, prominent banker, was elected president of the council, Mayor Smith retiring from his seat at the head of the board; Alderman Jesse Young was elect ed city recorder to perform police court duties hitherto performed by the mayor, and five members of a city board of ed ucatlon were elected.
 In accepting the office of president of the council, MT. Boyd made a brief ad- dress r which he stated that the means have been provided, through the opera ton of the new law. for greater munic- ipal improvement during the next year than has been made in the last eight years. MT. Boyd Is thoroughly familiar with the administration of city affairs having on last April finished two terms as alderman, covering a period of eight years.
 The election of q school board was of more than ordinary interest. The Sprag- ins senate bill, which was enacted into d law by the last legislature, created q board of five commissioners to have eX- elusive control of the public schools of the city, the members of the body to be appointed by the governor, and they in turn to elect their successors. The enactment of the municipal code bill in vaIidates the Spragins bill, and. much to the surprise of all parties concerned, the selection of school commissioners de- vowed upon the city council.
 Lawrence Cooper, Esq, was elected school commissioner and John W. Me Allister. Dr. J. D. Humphrey, David A. Grayson and William T. Hutchens were elected as members of the board. Every member of the old board was defeated This caused the two factions in the city council to line up solidly against each other and in every case the administra- ton faction won
 A considerable amount of feeling was worked up and it Is believed that the matter will be taken into the courts. The anti-administratlon faction contends that in applying the provisions of the munc- ipal code law to the city governm ent, Mayor Smith immediately lost his vote as a member of the council and had no right to cast the decisive vote for presi- dent of the council and for members Of the school board It is believed that a petition will be filed In chancery court asking for an injunction to restrain the new members of the school board from taking their seats. It is contended that their election was illegal
 The Dallas Manufacturing company and the city council are now In far way for the settlement of the water contro- versy in which the city claimed $o0.0 GOO as due on water used since January 1, 1901. Both parties have agreed to employ a competent engineer to ascertain the amount of water used md the cost or pumping it from the city station to Inc mills The Dallas company will pay the cost of pumping the water and the | natter will be compromised In that way. I
 colunobus Smith a negro who shot and probablv fatally wounded his wife at the Alabama nursery, escaped a posse or thirty men yesterday afternoon after De ing surrounded. The negro was armed with a repeating rife and had said that he could not be arrested without trouble. Sheriff Mitchell and his posse located the negro in a corn field and surrounded the 6eld When the lines were drawn in the negro was not there. He had made his escape by lodging through the cordon or men in some manner.
 The New York-Alabama company mas haqun the extension of the pipe system in pursuance to the plan of extending pipe into every section of the city and suburbs The first extension is nelng made into Dallas village and the people of that community will be enabled to enjoy dollar gas several weeks pefore It is possible to put it into other outlying sections.