The Montgomery advertiser., 1907-08-29

sons so certified to the possession of ethir respective offices immediately up- | on the expiration of the term of their predecessors as provided by law.
 In the event of tie vote vote between between two oo the same office, the council shall order
 a new election not later than thirty | days thereafter at which election said parties shall run off the tie vote and l the person receiving the highest num- Der of votes shall be declared elected In the event that all opposition Is withdrawn to candidate receiving
 tie vote. then no second election need be held and such candidate shall re- Sec. 29. The election of any person to city or town office may be con- | tested upon the same grounds and in
 the same manner provided for contest
 ing election for judge of Probate so
 far as applicable.
 Sec. 30. Any person offering to vote
 at municipal election may. be chaI- lenged by either of the inspectors, or
 duay of each inspector to challenge any
 person offering to vote whom he knows
 or suspects not to be qualified under
 this act as an elector. When any per
 withdrawn. one of the inspectors must tender him the following oath: You
 do solemnly swear that you will fully
 answer all such questions as may be put 10 you IOuCuinB your
 as an eIector." The Inspectors. or one
 of them. must then examine him as to his qualifications Under this act. They may also receive proof as to lis qualifications other than the oath of the
 challenged party os his right may be powered to administer oaths to wit
 nesses whom they may examine, and
 must admit or reject the ballot of the
 challenged party as his right ay be
 shown. and if any person refuses to
 take the above oath. or to answer any
 questions propounded touching his
 qualifications as an elector, his vote
 must be rejected. All rejected ballots
 shall be sealed up in separate pack
 age and delivered to the council with
 the returns of election.
 Sec. 31 Any person who falsely im-
 personates another and thereby or oth-
 erwise fraudulently casts vote 10
 which he Is not entitled, or having
 voted at such election votes a second
 time, whether in the same ward or an
 other, or having once obtained regis
 tration in any ward, shall caust. him-
 self to be registered second time, or attempts to obtain a second registra-
 ton, whether in the same or another name. or whether In the same or anoth-
 CT ward. or shall aid or assist an
 other not so entitled. knowing him
 not to be entitled. to vote or to ob-
 tain registration as voter. shall be
 guilty of a felony and. on conviction,
 in the circuit court. or court of iiKe
 
 punished by Imprisonment In the peni- tentiary for period of not less tnan one nor more than two years.
 Sec 32, If the election 'hereinbefore provided for shall not take place on the
 day appointed. the corporation Ehaii not for that cause be dissolved, put the incumbents shall remain in othcs until their successors snail pc eieSt5u of the council to fix some day, as early as convenient, on which day said eleo- ton shall be held. which election snail be conducted in all respects as reg ular election. and the persons So elect. ed shall hold their office until the next
 general election and until their suc- cessors are elected and qualified.
 See 33. Cities and towns may except as aforesaid, by ordinance. provide TOT the election at any regular municipal election, or for the appointment, Of such officers as are deemed needful pr proper for the good government ot the city or town and the que exercise or its corporate powers. TX tnelr M .a sslIls ,sL sL scribe the duties of such omcers, Ihelr liabilities and powers, and require them to give bond in such sum ana 10 pc conditioned and approved as the eou"-
 See s4 Any persons appointed 70 offlce In any city or town may Tor cause after a hearing, be remoVeu by the officer making the appointment Provided the city council shall have the right to remove, by two-thirds vote of aIl those elected to the council, any person for incompetency maifeasance. fnisfeance, or nonfeasnnee in office and for conduct detrimental to good order or discipline. Including habituai neglect of duty. in the several departunents
 Sec. 3D. Tine council shati have Full power to try all inpeachments of the mayor. clerk, treasurer, and any mem = = all .fr AffiGGTa eleCt- ed by vote of the people, and when sitting for that purpose. as court or impeachment the members thereoI shall be on oath or affirmation.
 Sec. 36. The council may impeach or remove any of the officers named In the preceding section, including the Pres- ident of the council, for corruption in office. habitual drunkenness ihcolnps- tency. official misconduct, or any or fense Involving moral turpitude or for habitual neglect of duty, by a vote or two thirds of all the members elected
 to the council, except the mayor. as to whom three-fourths vote shall be requisite, the vote in all cases being taken by yeas. and nays, and spread upon the minutes, five days notice ana an opportunity of being heard in his own defense having been previously given the accused, with a copy of the charges against him. Upon the pre- ferring of. impeachment charges against any member of the council or the mayor, the accused shall be placed on trial, which trial shall begin within thirty days from the notification of said charges as to the party impeached. Judgment in cases of impeachment ahaiI not extend further than removal from office and disqualification from holding any office under the city dur inp, the term for which such officer was elected, but the party convicted shall be liable to indictment. trial and in the State courts, not withstanding, If 1t be an offense pun ishable by the laws of the State. up- on the trial of all impeachments the accused shall have the right to appear in person, or by counsel anasto testi fy in his own behalf. and the muhl- cipality shall be represented h sueh cases by any person that may, by the be authorized
 Sec. 37. The council. or a committee thereof duly authorized by resolution, may summon witnesses and compel | their attendance and compel witnesses to testify and produce books and pa- pers and may punish them. by im- not exceeding ten days, for failure to attend or refusal to testify | or produce books or papers. The pre- siding officer of the council. or of the | may administer oaths to witnesses. During a session of the | council. or of a committed. any person | who Is guilty of disorderly or contempt uous behavior in the presence of the | or the committee, may be | punished by the council. or committee. | bv arrest and Imprisonment not eX- |