The Birmingham age-herald., 1907-11-03


 ' tend to that alone will naturally ~- < give it more thought than men -< ' who have large commercial ven ~- ' lures of their own on foot.'' Y Mayor George B. Ward. Y Judge A. A. Coleman of the circuit court yesterday rendered a decision sustaining the petition of John l.. Par ker, and overruled the demurrers of Mayor Ward. In other words Mayor Ward is busted from the chairmanship of the City Council, and John L. Par ker becomes president, until the decis- ion of the supreme court.
 The Mayors attorneys will inn mediately appeal the case, and should the court be prompt in answering. the whole matter will be settled be- fore the middle of December. It is admitted by both factions that until the highest court has acted the city | cannot go ahead with it's business un- hampered by dangers.
 Mayor Ward is now the executive in fact. He has no voice in legislation. When seen last night he said, 'T am going to do whatever the court says do." The effect of the decision puts things back to just where they were when the Mayor returned from Europe, at least for the present. Burnett Faction Restored. The Burnett faction is restored. All of the business of the city will be transacted by the committees as ap- pointed by President Parker. The first proposition which they will meet is the i stupendous task of making things meet during 1908.
 As chairman of the finance and tax ation committee Alderman John O'Neill, together with Alderman Rich ard Burnett, chairman of the miscel- laneous committee, will have the task of handling the city's finances so as to do without the $113,000 revenue that has heretofore been derived from the saloons. In other words it is up to O'Neill and Burnett.
 When seen last night President Par ker said that he was glad the munich pal code bill had been upheld, and the action of the council had been declared | legal. He declined to discuss the other phases of the developments.
 If a meeting is held this week, as is due on Wednesday, it will evidently be one of great interest. However. as lit tie business can be contracted under existing circumstances. it is not prob able that a meeting will be held until after the supreme court has straight ened things out.
 Judge CoIeman's Decision.
 Here is Judge Colemans decision: "State of Alabama, ex rel, John L. Par.
 ker and John l.. Parker, plaintiffs, vs
 George B. Ward, defendant. In the cir
 cult court of JeJfferson county, Ala.
 bama:
 "This is a quo warranto proceeding | founded on petition of John l.. Parker to test his right to the office Of President | of the City Council of Birmingham, and the validity of an act of the legislature of Alabama, entitled, An act, to provide for the organization, incorporation, gov ernment and regulation of cities and | towns and to define the rights powers duties jurisdiction and authority of such cities and towns, and of the officers there of. and to prescribe penalties for viola tions of the provisions of this act Ap- proved August 13, 1907.
 "The petition is full, clear and specific in setting forth all the facts upon whict the claim of petitioner is predicated, to- wit: The passage of said act Tor the government of the incorporated munici. palties of the state, published and knowr as the Municipal Code the organization of the corporation then existing of 'rht | Mayor and Aldermen of the City of Bir- mingham' under the provisions thereof by ordinance in the language of and in strici accordance with provisions of said act the election of petitioner to the newly created office of President of the Coun cil' his inauguration into said office, his exercise of the functions thereof, his fore ible and violent election therefrom by the defendant.
 'To this petition the defendant files F demurrers, challenging the right oi petitioner, under the admitted facts se forth in the petition to the said office This being the status of the case sub mitted, the court is fortunately relieved from passing on any contest of the evi | dence or inquiry into the ethics of tht events leading up to this controversy, bu is required to pass only on the law. Assured that in any event the judgment here rendered will be appealed to tho supreme court, this court does not regard it as it's duty to present here the req l sons and arguments for it's conclusion but simply to announce its decision. The able and learned counsel engaged herein will doubtless present to the supreme court the merit of their contentious or either side more fully, ably and forcibly than this court could do. The court has | given to this important matter all the time and investigation possible. consist ent with the discharge of it's other duties and has arrived at the following conclu- sions on the points involved in the is- | sues and argued by counsel. to-wit
 q. That the legislature had authority to pass a general municipal code.
 .2 That the legislature has the power to pass a valid act to take effect upon tine | happening of future event, and may del | egate in such enactment to an officer or person the power of ascertaining. deter l mining and announcing whether sucl | event has happened.
 "s That the section of the said munl- l cipal code, No. 199. is not unconstitutional | and void as being an unauthorized deic- gation of legislative authority.
 '4. That the right granted in said Sec