The Birmingham age-herald., 1908-10-22
Eustis And Shropshire Reflect ed And Mayors Ballot Box
 Veto Overridden
HOYT-GAMBILL CASE DID
 NOT COME UP AT MEETING
The Council Sustains the Veto of Fran chise for Street Railway on Florida Avenue and Eleventh Street.
 Reports of Committee.

overruling Mayor Ward in vetoing resolution instrucing the city clerk to deliver to the city democratic eXecu- tive committee the ballot box of the Third ward used in the general elec~ ton of September 21, was the principal business of the city council last night.
 Under a section of the code, newly discovered it was incumbent upon the council to elect last night city treas urer a city clerk, and a city attorney. George Eustis was reelected city treasurer at salary of s2o0, to serve until october 1, 1910, there being no opposition. H. E. Shropshire, Jr., with out opposition, was reelected city clerk, salary $125 per month, to serve until October 1, 1910.
 Robert H. Thach, formerly an alder man of the Seventh ward, was unani- mously elected city attorney succeed ing Edward D. Smith, salary s175 per month, to, serve until October l, 1s10
 New Offices Created.
 Under a resolution offered by Alder man Gregg and adopted without dis senting vote, the following new of fees were created, this being the result of a recommendation of the Mayor to increase the city forces on account or new territory acquired under the Greater Birmingham bill: Assistant to the plumbing inspector, salary slSo per month: assistant to the building lh- spector, salary $100 per month; gem eral bookkeeping department, salary s125 per month. It was provided that the incumbents of these offices would servo a term until January 1, 1910.
 The following gentlemen were unanl- mously elected:
 Assistant plumbing inspector, Joe Pate.
 Assistant building inspector, John Vaughan.
 Bookkeeper, David Stanton.
 Another interesting matter occurring at the meeting of the council last night was the offering and the acceptance of the resignation of B. Asbury Thomp- son as president of the Board of Edu- cation. His successor will be chosen at the next meeting of the board.
 The section of the code under which the elections of a city clerk, city treas urer. and city attorney were held last night, and which was discovered yes terday, provides that at the first meet ing of the board in October, or as soon thereafter as practicable, these three officials shall be elected. their salaries fixed and length of term.
 When Terms Begin.
 This section makes no provision for the time at which they are to begin their terms, although It is generally understood that the newly elected shall succeed when the terms of the old officials expire. In the cases of MT. Shropshire and MT. Eustis this matter is immaterial It is reported that City Attorney Smith, who is at present out of the city, will tender his resignation in the immediate future, which act will unravel the little kink.
 This ordinance provides that in the discretion of the council any other or all other officials may be elected at this time. but the council, evidently, was not prepared to proceed with the re- mainder of the list.
 The news of the discovery of this sec ton of the code was made known yes terday afternoon and at the same time it was evident that the council would elect Mir Yhach city attorney, and that there would be no opposition to Messrs. Eustis and Shropshire. There were sev- eral gentlemen prepared to make the race for city attorney, among the number Assistant City Attorney Smith, Aldermen Fulghum and Forney, and others. How ever. there was but one nomination, and MT. Thach's election was unanimous
 Assistant City Attorney Smith stated after the meeting that he was prepared to make the race before the board, but that inasmuch as he learned that the election would be held only last evening he deemed it inadvisable to have his name presented.
 The report to the effect that an effort would be made to elect Asa l.. Hoyt alderman from the Third ward did not materialize, although this candidate, the contestant, A. A. Gambill, and their att torneys, bearing numerous tonnes of for midable appearance, were seated in the hall.
 Mayors Veto Overridden.
 As predicted, the council by large vote overruled the Mayors veto of the reso- lution passed at the last meeting instruct ing the city clerk to deliver the general election box of the Third ward to the ex- ecutiye committee when the committee served the clerk with lawful summons.
 The Mayors veto, according to the Mayors statement, was made because, as the Mayor considered it, the resolu- ton was nothing in itself, and an effort to further muddy the waters"
 The council, however, seeing the matter in another light, bounced with pleasure on the veto document, and tore 1t into shreds. Aldermen Cooper. Starbuck and Estes were alone in their efforts to stem the tide, they casting their votes toward sustaining the veto.
 As the situation now is the clrek is instructed to deliver the ballot box of the committee if he considers the sum mons lawful.
 The Mayors veto of the councils action in giving Stephen Smith and c, T. Brazel- ton franchise for the construction of a street railway on Eleventh street and Florida avenue was sustained. AldArman Cooper offered a resolution,