The Birmingham age-herald., 1907-09-05
Majority Stood Pat.

From beginning to end the stormy coun- ell meeting of last night was a battle in which the minority hurled itself against the majority, attacking in great oratory the legality of President Parkers posi- tion voting mo- on every proposition that came up, and attempting to show up the majority on the prohibition ques- tion. From all visible appearances they were repulsed every time, and the anti administration went steadily ahead with it's phalanx of ten, doing Just as it pleased. According to City Attorney Smith every action was absolutely legal.
 A large crowd of citizens, representing both sides of the prohibition fight were in the council chamber, and every speech was loudly cheered by the respective parties. The features of the session were the debate on prohibition, the attacks by Aldermen Jones and Forney on Pres ident Parker, vigorous protest by AL derman Estes on the committee appoint ments, the election of Alderman M. J. Gregg from the Seventh ward, a failure to raise the salaries of the police, and ordinances introduced proposing to cut out fruit stands on the first of the year. lnquiring into the franchise rights of the Birmingham Railway, Light and Power company, allowing the fire depart ment to go out of the city, and the resig- nation of Henry B. Gray from the Board of Education.
 President John L. Parker presided. keeping good order, and ruling quickly and definitely on all points of order.
 Battle Begins Early.
 The battle began just after the reading of the minutes when Alderman Jones arose and askeu Parker if he had been sworn in president. Parker evaded the question: and referred him to the minutes. Jones then asked Parker if he, as president of the Board and Acting Mayor. had the right both to preside and vote in council and veto all actions of the board afterward, to which Ed Smith replied in the affirmative. He Is the president of the council, and has the right to vote. During the absence of the Mayor he sits with the council, votes. and acts as mayor also" Jones affirmed that such was more authority than that enjoyed by the president of the United States himself.
 Jones: What rules are we working under?"
 Attorney Smith: Under the old city code, as amended by the municipal code"
 .lO to q test that Parker will have no vote in this body when the Mayor is absent any more than has the lieutenant gover- nor A. vote in the senate when he is act ing governor, and I challenge your right. MT. Parker, to sit as chairman of this meeting"
 Forney: q rise to a question of per- sonaI nriyilege By what right do you sit as president of this council, MT. Par kerr"
 "Garnting that we are under the muni- cipal code 1t Is not correct and legal for Mr Parker to sit as chairman of the meeting of aldermen. Section 2 of the municipal code says: Until the officers elected at the general election on the third day of September, 1908. have as- stunned their duties of office the corporate organization of the several cities and towns of the state shall be and remain as now provided by law.
 MT. Ward. as chairman of the Mayor and Board of Aldermen of Birmingham, Ia an officer and shall remain In office until the general election next year There are other reasons why the construction placed on the situation of the governing body Is totally without the pale of the law"
 City Attorney Gives Opinion. | City Attorney E. D. Smith gave as hIs opinion that the amendment in section 199 covers the point and changes the effect of the section just quoted.
 The minutes and reports of several com nittees were adopted over the protest of the solid administration faction. AL derman O'Neill introduced a resolution 1nstructing the city attorney to make a settlement with Elyton over the trash dump.
 He also secured the passage of ordi- nances introduced at the last special meeting, including ordinances sNos. 94 to s9 defining the duties of the city clerk, repeating certain sections of the code. l making the fiscal year begin and end January l. fixing the fee for the issuance of licenses defining the duties of commit