The Montgomery advertiser., 1907-01-14
TO CHALLENGE
 PROCEEDINGS Sullivan Thinks Council
 Votes Illegal. GRIFFITH IS TO RESIGN He Had Intended to Do So at Next
 Session. Alderman from sixth Ward Will Pay No Attention to That, But Will Protest Against All Actions
 Taken for Six Weeks.

IHdn 1TlLitD, HOtuihS d SOht aAANossA'Ss voted illegally and made the transac- tions illegal" said Alderman James J. Sullivan last night. "On Saturday night the Council took advantage of me and even refused me the courtesy and the right due me- and I am going to see the thing through.
 The statement that MT. Griffith will resign from the Council will not deter me in the least from challenging the proceedings. I have the opinion of one of the most competent lawyers in the State and l shall bring the matter to crisis and prove that MT. Griffith is not entitled to a seat in the Council
 It was thus that Mir. Sullivan, who is an Alderman from Ward 6. spoke last night to a reporter for The Advertiser. On Saturday night MT. Sullivan. chal- lenged the vote of MT. Griffith. and the proceedings of the entire session of the Council. The Aldermen had con- sidered and rejected the ordinance pro- posed to regulate the segregation of the races on the street cars, and MT. Sullivan, who came in after the ordi- nance had been placed upon its pas sage and lost, claims that he was de- nied the right of personal privilege and was Intentionally kept uninformed of the previous transactions of the ses- sion.
 Following the session and the chal- lenging of his vote, Alderman Griffith announced yesterday that he should re- sign, as he had intended all along, at the next regular meeting.
 T wish it understood first of ail," MT. Sullivan said last night that I have no personal feelings against MT. Griffith or any one else. The fight is not between MT. Griffith and myself. but simply between an Alderman who ceased to be an Alderman when he re. moved from Ward 5, which he had been elected to represent, to Ward 2.
 "I first challenged Mir. Grifith's right to vote with the Aldermen several weeks ago. hold that since that chal- lenge his vote has vitiated every trans action upon which it has been cast. When he left his ward he lost his status as an Alderman from that ward"
 MT. Sullivan cited a case in Pensa- cola, which said had been tried by the Supreme Court of Florida and on 1t the opinion handed down that the alderman after he removed from the ward ceas- ed to be its legal representative. He also cited a case of a constable in a ward in Montgomery. who served pa- perS outside his ward, where the pa- pers were declared null.
 Tn a way the Council meeting Sat- urday night was packed" said the AL derman from. the Sixth. The call for the meeting did not mention the or dinance but provided that the aldermen could consider what was lying on the table. In the first place I objected to the time of the meeting-Saturday night when all business men are bus lest. When the Council met some of the men who had worked hardest to solve the street car problem and were most interested in 1t were absent, yet those present declined to defer action on the ordinance until they could be present The opponents saw that they had a clear field and they took advan- tage of us. When I came in and asked to be advised as to what had happen ed I was told that everything had been settled and that there was nothing farther to be said. I rose on a point of personal privilege but they ruled me out.
 Now I shall see the whole matter through It Is a question that I am determined to settle. I challenge the proceedings of Saturday night and of other meetings in which Mir. Griffith voted illegally. Friends have come to me and asked me not to take this stand, but I am determined. My challenge, in
  Clerk
 Some very important matters have been transacted since MT. Sullivan first challenged MT Griffith. The issuance of the refunding bonds is one of them and some are in doubt as to the effect Mir. Sullivan's act may have on their legality. When MT. Sullivan first chal- lenged Mir. Griffith's right to vote, President ruled in favor of Mir. Grif- filth.
 Alderman C. A. Griffith, announced to The Advertiser yesterday that he will resign his membership in the City Council when 1t has its next regular session, but said his resignation was in no way resultant from Alderman Sullivan's challenge of the legality of lis incumbenc.
 MT. Griffith's right to sit in the City Council. MT. Griffith removed his place of residence from the Fifth Ward, which he represents. to the Second Ward about October Il. The question of his constitutional right to repre- sent Ward Five was made then but MT. Griffith declined to resign.
 T feel that I have a perfect right to represent Ward Five in the City Coun- cil," MT. Griffith said last night. T believe that now as I have always be- lieved it. The President of the Council ruled in my favor. But as q choice between representing the Fifth Ward and having my citizenship in the Sec ond where I intend to reside, l prefer the latter. I have resided in the Sec ond Ward TOW for three months and can establish my citizenship there. own property in the Fifth Ward and as have retained my sleeping room there I could if l wished be a citizen and a representative of that Ward. I was elected Councilman from Ward Five twice. l have served four years and feel that I have the confidence of the Ward. Many of it's citizens have ask ed me to stand for reelection from the Ward.
 Il was absent when Alderman Sulli- van made his charges Saturday night do not know why he made them. He made them once before and was de- clared out of order.
 Tt had been my intention to resign at the last regular meeting of the Coun- ciI but l postponed the resignation at the request of friends.
 W. J. Conniff and T. J Thompson it is expected will seek MT. Griffith's s place for the unexpired term, and it is stated on good authority that Paul Roeder a former Alderman, will be a candidate for the place in the primary | in April. J. P. Kohn is mentioned as an aspirant for the honor but the ru-