The Montgomery advertiser., 1907-04-23
WILL CONSENT
 TO MANDAMUS Council Acts on Police Commission Case. TO TAKE IT UP ANOTHLR WAY Suit to Be Brought to Restrain
 Commissioners. Committees Instructed to Look Into Proposition to Remove Court
 Square Fountain and Erect
 Fine City Building There.

will be elected at the next regular meeting of the Council. The election however, 1t was stated. will be follow ed imediately by injunction proceed tnes restraining the commissioners from serving until the legal phase or the question has been decided.
 By a vote of to the Council adopted a resolution, offered by Presi- dent Gunter. authorizing the Clty Al. torney to consent to the granting or the petition for writ of mandamus filed in the City Court a few days ago by J. w. Walker. a merchant of Boguehomme. The petitioner seeks to compel the City Council to enter into the election of Police Commission.
 The action of the City Council last night does away with any contest Tn the mandamus proceedings. the city admitting a decision of the courts com polling an election of the Police Com mission. The object, according to Pres ident Gunter, was to expedite de- cision of the courts on the question, and it is the purpose of the measure adopt ed to elect the Commissioners and have them enJoined at once from discharg- ing their duties.
 The only outspoken opposition to the Gunter resolution was that Of AL dermen Sullivan and Holloway. The formers views were that Montgomery doesn't need a Police Commission. and the latter looked at the question from a legal standpoint in his objections to the measure.
 Alter considerable discussion the res- olution consenting to the granting ef the writ of mandamus against the city was put to a vote, being adopted. to 5. The vote follows:
 Ayes-Gunter, Foster, Jones, Lobman, Ruth, Ryan Tatt and A. l.. Tyson--S.
 Noes-Cox. Griffith. Holloway, Hud- son and Sullivan-5.
 An offer from Arthur Pelzer to sell the remaining refunding bonds, amounting to $S1.000. for consider ation of $750, was approved and re- commended in a report made by the Special Bond Committed, through AL derman Lobman. MT. Pelzer offers to dispose of the bonds at par and &C., crued interest. The securities mature July l.
 Pursuant to the report. Alderman Lobman introduced an ordinance au- thorizine the Mayor to employ Mr. Pelzer as special agent to dispose of the bonds on the terms named. The measure went over to the next regular or special meeting.
 Alderman Tate offered two resolu- tions, directing that gravel be spread on two crossings. They were adopted.
 A resolution offered by Alderman Foster was adopted directing the City Attorney to take immediate steps to have the injunction of the Montgomery Traction Company in the matter of the separate street car ordinance. dissolv- ed. This ordinance. 1t will be recalled, requires the company to provide sepa- rate street cars for whites and blacks.
 May Move the Fountain.
 Whether Alderman Foster advocates removing the Court Square Fountain, he did not say last night, but he of- fered 0 resolution directing three of the most important committees of the Council, the Committees on Finance, Streets and Public Works. to investi- gate the advisability of removing the big fount to some desirable spot. and to replace 1t with handsome city building.
 "I move to refer the resolution to the Committee on Electrical Control" Alderman Sullivan said smilingly.
 Alderman Foster arose to explain that the passage of the resolution would not be an unusual procedure. The measure, he said, only directed the committees to investigate the propo- sition. There was nothing final at all about 1t.
 ''rhe proper and only committee to refer this resolution to is the Com mittee on Electrical Control and prob ably the Fire Committee" returned the Alderman from the Sixth. for I do say that the city building will be lighted up with electricity. I move to refer the resolution to the Committees on Electrical Control and Fire"
 On motion of Alderman Lobman. the Sullivan motion was tabled and the resolution was then adopted.
 Alderman Foster offered a resolution authorizing the committee on streets and the City Engineer to take a trip to Mobile to inspect certain street pavings being laid there. It was referred to thsz finance committee.
 A petition from Henry Craig, asking that he be allowed to erect and operate a blaming mill on Cherry Street in Highland Park, was referred to the fire committee.
 Property owners on Gilmer Street, in the vicinity of the South McDonough Street extension, petitione1 for water and sanitary connections on Gilmer Street. The petition was rt tferred to the committee on sanitation and water works.
 The proposal of Lorenzo Davis to strengthened out the Genetta Ditch in the vicinity of South Court Street, by digging a trench 1,050 feet long, for $8,250, was contained in communica- ton received from the Mayor. The matter was referred to the finance and streets committees
 officers for Election.
 By unanimous vote, the Council passed an ordinance appointing inspec- tors and returning officers for the gen. eral municipal election May ', at which time the Mayor and Aldermen named in the democratic primary April l, will be formally elected. The list of inspectors and returning officers is as follows:
 Ward 1.-Inspectors, I. Abraham, Charles Anderson, John Hanson; return ing officer, R. D. Lee.
 Ward 2.--Inspectors, T. Dreyfus. M. B. Graham, Lee Holmes; returning of- deer William F. Hinds.
 Ward 3.-Inspectors, Geo. se T. Burke. A Sternfeld. IT. N. Blue; returning of- hcer, M. A. Benjamin
 Ward 4.--Tnspectors. George Stuart, Dave Abraham, E. Winter; returning officer, W. M Browder.
 Ward 5.--Inspectors. W. H. Collins. Paul Sanguinette, I. H. DeWees; return Ing officer W. " Jones'
 Ward 6.--Inspectors, J. s. KilgPow. q. T. Smith, John Stewart; returning of- ficer, Jesse Moore.
 Ward 7-Inspectors, W. B. Goodwin, John M Boyd. W. M. Purifoy; returning officer, Jason Jones.
 The Council then adjourned after which the aldermen were the guests of Alderman Cox at bird supper at To-