The Birmingham age-herald., 1907-09-13
Have Nine of the Aldermen UnWiting|y Voted Them
 selves Out of Office?
BUZZ AMONG CODNCILMEN
 LEAD ID THE CONCLUSION
Theory Is Merely Another Wheel In the Mire Which Has Caused Saloons So Much
 Trouble.

Are the board going to be turned? Is Mayor Ward to come out on top? Have the anti-administration aldermen, by their own action, unwittiugly voted themselves out of office? These are the question upon which in whispers aldermen of both factions consulted with their lawyers and with each other in secret meetings yestreday, and above the hum of voices outsiders are asking: 'Is there about to develop another revolution in this City Council of Birmingham"
 It is still a matter or mere gossip and surmise. No one has come to any con- clusion yet, and the answer will have to be given by the courts before 1t is de- cided, but there are lawyers who express tentative opinions that add luster to the oft repeated arguments of the administra- tion aldermen that the opposition would trip before it got far.
 Only Nine Aldermen.
 But there are certain prominent lawyers who are quoted as saying that last night at midnight there became nine vacancies on the Board of Aldermen, and that to-
 
 of the City Council.
 In other words they say that last night at 12 o'clock kthe municipal code bill went into effect, 1t being thirty days after the bill was signed by Governor Conner They point to the fact that at the meeting when the Parker faction took the reins there was an ordinance passed which pro x,taad tl,ot Jirn,i in oyI,a n, advantape of that amendment to the municipal code, which allowed Birmingham to keep her old system of aldermen.
 Adopted Code In Toto. They further state that when Alderman Parker, immediately after, secured the adoption of an ordinance adopting the municipal code immediately, that the council thus repealed the ordinance which preserved the rights of the city to re- tain it's old system of aldermen and thus adopted the municipal code in totem.
 As is well known the code provides for fourteen aldermen. one from each ward, and five from the city at large. IL is said that nine of the aldermen from the wards would be those elected at the last municipal election, namely: Burnett, O'Neil, Heidt and Hogan of the anti administration, and Eggleston, Moore, Cooper, Forney and Estes of the admin istraton. giving the administration the majority. and allowing them to elect their own five aldermen at large. making a total majority of ten to four. This in cludes the claim that Parker and the others have by their own vote given up their offices.
 To the argument that you cannot legis- late man out of office they reply that these men legsated themselves out of office.
 The lawyers are still considering the possibility of this air eagle being buit by the provisions in the code which de clare all officers hold over in office until the term of the mayor expires.
 The theory is merely another wheel in the mre, to make the muddle all the thicker, and to make 1t surer that the courts will have to settle the differences.
 It is being seriously considered by three of the aldermen of the administrations and one of the opposition expressed the opinion last night that there is some ground on which to base the theory.