The Montgomery advertiser., 1907-10-09

in part or left entirely alone, as 1t pleases the Aldermen.
 Mir. Mcintyre holds that the new code Is binding only SO far as the Council wishes to make 1t SO by reso- lutions which 'affect any portion of the act. Until such resolutions are passed by the Council. the present charter of the city remains una6ected, at least until the expiration of the term or office Of the present city lofiiciais.
 In his opinion. the City Attorney says that 1t Is the purpose of the new code to enlarge the pcVcrs of the city and not to take away ahy power what ever. And he holds that the city may adopt those parte of the code which they think to beSdesfrable by passfng the necessary resolutions. and can re- ject any other parts which they con
 The Opinion. in full, is as follows: ITO the Honorable City council of
 Montgomery:
 .'GentIemen--At your last meeting. you passed the following resolution:
 Be 1t resolved by thesCity Council of Montgomery as follows; That the City Attorney b+ a a q.
 stracted to render to this Council as its next regular meeting. his written opinion as to whether or not the Mu-
  iature. is effective and binding on the City Council to formally pass an ordi- nance adopting said Municipal Code :"
 "In Section of the Municipal Code the following provision occurs:
 :. Section O. sts Until the of- fcers elected at the general municipa, election on che third Monday in Sep tember. 1908, shall have assumed thesr duties of office, the corporate organisa- xg nlk k<x vr.c of the State shall be and remain as now provided by law. and such muni- ipa1 corporations shall have the power and exercise the authority herein com fefred. unless prohibited in express terms by the respective chartera of the several cities and towns. or when, by their nature. they may not be exer- cised By such municipalities as now organized.
 @section 3 of the Municipal Code is as follows:
 "sec. 8. Affirmative action shall not be necessary for cities and towns to acquire the rights, power and author ity herein granted. Municipalities shall, however. hold such elections and pass such ordinances and resolutions as are herein required
 section 1ss of the Municipal code is as follows:
 ".sec. 1ss. Any municipal corpora tion existing under the laws of this E State, at the time of the passage of this act, which shall desire to organfze it's present city government under the provisions hereof at once. may, by the passage of an ordinance by the sov- efning body of such city or town. stat ing that in the judgment of such gov erning body, That # is for the best interest of such city or town to organ fze under this act and that the city or town is hereby declared to be organ ized under the General Municipal Laws Of Alabama, and that the then existing offices and officers of said city or town shall continue to exist and to hold such offices until the time fixed herein for their term to expire as provided In Section of this act.
 "rhe then existing governing body shall proceed to elect such other ofn- cers as are required by this act and not provided for by the charter of such city or town, who shall hold ofiice un. til the first election hereunder and un- til their successors are elected and qualified. should there be any ofifce existing under the charter of such city or town not authorized by this act. such office shah cease to exist at the first election hereunder.
 ''The foregoing are the only sections of the Municipal Code which relate 10 the subject of your resolution.
 'sIn the absence of an ordinance adopted in pursuance of Section 199, it is clear that the City Government of Montgomery, as now organized, re- mains unaffected by the Municipal Code: and 1t is equally clear from section 2, as aBove dt0ted. that ths City Government of Montgomery, as now organised. unless affirmative ac- ton is taken by the City Council. will remain precisely as 1t Is. until the ex-