The Montgomery advertiser., 1908-12-19
THIS QUEER RECORD
CONFUSION WORSE C0NFOpNDfsD
 IN. GREATER BIRMINGHAM
Supreme Court n<cisiou Subject of Muck Speculation Among Cifi- sens of Avondsse and Whole
 Magic City.

Not in recent years have the records fiji, a case decided by the Supreme Court of Alabama disclosed as few facts as did those of the case which resulted Thursday In abolishing the Eleventh Ward of Greater Blrtningham." Prob ably never wers so many interested citizens confused as to the exact re- suits of the decision. And to this mo naent there are several who are In the dark.
 The decision is of extreme import ance to Greater Birmingham. 1t nuly lffed an election held June 30. ls0s, whereby It was voted to annex the territory known as East Birmingham to the Magic City. It beyond doubt postponed the annextion until next Oc- tober l, and, depending on the outcome of the election held on annexation Ian uary S, 1908, .tne decison may have de- feated annexation altogether.
 Right there is the rub. The mem bers of the Supreme. Court who sat on this case have expressed wonder that nowhere In the records could they hnd stated the results ofsthe election Jan uary 6. True, this would not have af- feeted the decision. That was only. to hold valid the election of January and invalid the subsequent election oi June 90. But when 1t comes to sum- ming up the results-it Is a different matter. If the people in the prqnnsed territory voted for annexatsons by the terms of Justice Simpsons opinion, an nexation will take effect surely on Oc- tober 1. 1909. This is q provision of the special act of the Legislature au- thorizing the election, known as -the King Greater Birmingham act s.e.se
 But suppose that at the January election annexation was voted down. Just aS surely must East Birmingham keep herself indefinitely outside Great CT Birmingham The City Council had led themselves to believe that the eIes- ton of Jun 80 was valid and inanae- diately thereafter began to exercise Jurisdiction over the affected area. Part Of thas territory was tfe,once city oR A1ondale That municipality turn governmental to the city of Birming- ham. merging everything with qreateF Birmingham. Now she must. getaa \ dt voree again. How will they bridge over the interval between now and oc- tober 1, 1908? Is it now ( city all by itself? If so. it is only in theory AS they are without a head and without atcouncil She may sue for aliniony.
 The territory affected by this. decis- ion is almost as large as the city of Birmingham as tt existed prior to the forming Of Greater Birmingham. It may involve the citizens thereof in many difficulties such as payment of taxes. Some ,'disgrunt1ed tax-payera may want their monsy back that they paid to Birmingham to extend pro- teetihg arm which may now be want ing. @ as Y
 The situation will be interesting to watch. But the whole court as yet does not know how that, first election resulted and why if 1t carried for an. nexation a second one should have been held. A good guess Is that the lower court adjudged invalid the first election and anfteipatIng an Rff1rmAnce by the Supreme Court another election was ordered and held. But. they were Sd anxious to kn1end their acts that they failed to wait thesnecessary six months requiredt by the municipal code.