The Birmingham age-herald., 1908-12-19
East Birmingham, AvondaIe and Mountain Terrace Are
 Probably All Affected
SCHOOLS WILL SUFFER
 IN OUTLYING DISTRICTS
Carl Seals, Who Led Ticket for Police Commissioner, Lives In Mountain
 Terrace and May Not
 Be Eligible.

The decision of the supreme court to the effect that the East Birmingham an1 nexation election, coming as it did within six months of the Greater Birmingham | election, was illegal, has wrought an in- | tricste tangle in municipal affairs.
 In the first place, it is now considered a certainty that East Birmingham is no longer part of Birmingham proper. The immediate and tangible effect of the su- preme courts decision Is that Alderman A. N. Causey and Alderman J. w Me- Donald. representatives of the Eleventh ward, will lose their seats in the City Council.
 Whatever improvements the city has made ill the Eleventh ward will of neces- sity stano, according to the interpretation Of lawyers, and the city will be unable to recover any portion of the money ex- pended for same.
 If East Birmingham were the only point of controversy the situation, it is point el cut, would be greatly simplhed. But the question is raised: Are Glen Iris, Mountain Terrace and Avondale a part of Birmingham
 If the supreme courts decision as con celns East Birmingham has no effect on the other sections annexed, city authori- ties point out that all is we'll enough. But if the decision Is to the effect that these other sections were taken in uncon- additionally, it is pointed out that the tangle is one of thousand phases, and one which will have its effect in thou sand different ways.
 In case all the territory is affected by the decision, then Aldermen Starbuck and Martin of Avondale lose their seats, also.
 Work Ordered Stopped.
 Several lawyers yesterday expressed the opinion that if all the territory recently annexed rust be again torn asunder from Birmingham the money expended by the city for improvements in these various communities must go for total loss. Yes tefday improvement work In all outlying territcry was ordered estopped until the full effect of the decision could be as- certained.
 One of the most interesting questions
 
 IS tnis: "In case it is determined that al- dermen, without a constitutional right, participated in council meetings and voted on city ordinances. will these votes be throHn out and these ordinances held void?"
 In answering this question, lawyers diff fer. Some hold that in the majority of instances the ordinances voted upon would be held legal, while those which were passed by small majority of two or four might be successfully assailed. AL derman Walter Moore yesterday quoted Lee Bradley as having given an off, hand opinion to the effect that the or dinances would not be affected, whatever the full text and effect of the supreme court decision might be. J. Quinton Smith, assistant city attorney, has the same opinion. 'I believe if the situation was carried to the supreme court" said he, that it would be held that the alder men who may lose their seats were de facto aldermen, and their acts, in con- sequence, are valid. When the police commission of which Mayor Ward was chairman was declared unconstitutional, the actions of that commission were not declared invalid. iThe same is true con- cernng certain courts that existed with out constitutional right according to the decision Of the supreme court. The trials before these courts were held to be valid."
 Schools Seriously Affected.
 But ore of the most serious effects of the decision was pointed out yesterday by Dr. J. H. Phillips, superintendent of the public schools.
 The city at the present time is paying the salaries of 31 teachers in the East Birmingham and Avondale districts The payment of these salaries will, of course, be stopped, in case the decision is as sweeping as 1t appears.
 Dr. Phillips stated that in case the city no lcpger pays these salaries it may be necessary for the schools to close.
 Is Seals EIis'bIe.
 There is another ints 'esting point raised. If the decision s.fects Glen Iris and Mountain Terrace, is C. H. Seals, po- lice commissioner elect, eligible to serve? Mr. Seals, as is remembered, led the ticket, his race having been one of the most spectacular in the history of the city. -n case MT. Seals cannot serve under the decision of the supreme court the two commissioners, it is pointed out will be Frank B.. Yielding and John Mat thews, the latter being a republican, and having made the race on the republican ticket In this respect it is an interesting fact that while MT. Seals boiled more than $500 votes Mir. Matthews received but 166 in the entire city
 Lawyers are reserving their opinion un- til the full text of the decision Is di- gested. In the meantime it Is reported that steps for other annexation elections in East Birmingham and Avondale are being taken.
 The complicated situation is the subject of all-Itsorbing gossip throughout the