The Montgomery advertiser., 1908-12-28
ON HAND TO
 INVESTIGATE Representative King in Montgomery. ABOUT GREATER BIRMINGHAM
 -e Will Probe Senate Journal For Alleged "Tampering.' Admits Uuconstitutionality of kjas Biil, Bat Says East Birming- ham Is Saved To Bisger
 City.
ABOUT GREATER BIRMINGHAM

Smiling through his disappointment. curious te know the reason why. Representative Iere (. King came 10 Montgomery yesterday in the interest of Greater Birmingham.
 If you would take a look on Repre- sentative King you would pefbaPs think that he has done with his cha- grin over the probable oveftnroW 2. bigger Birmingham. He championeo he measure for Greater Birmingham Tn the House of Representatives which was one of the real storm centers Of that body during the 1907 session. lie fought desperately for it's passage through the lower House and captain. cd its support in the Senate. It was a bill enabling the people of Blrming- ham as we'll as the people of the ter ritory proposed to be annexed to vote on the subject. And now after the victory was about to be realized comes the disturbing information that there are fatal defects in the law.
 But while Mir. King is not visihly perturbed over the apparent setback. he is very anxious about the matter. AS has been said in The Advertiser, he practically admits that the Senate Journal record of the yeas and nays on the King bill has been sufficiently changed to make the act unconstitu-
  Supreme Court adheres to previous ruling on another case.
 It is to inquire into the exact status of the record in the office of the Seere' tary of State that Mir. King has come to Montgomery in all his good nature.
 There are at least four instances where the record of the Senate Jour nal proves fatal to the act" said MT. ing last night. sThe friends of the kA1 ha wEn1ln and men who are known to have fought 1t might and main are resting in the yea column. All who were observant members of the Senate know that this is wrong. But what are you going 10 do about it? The Supreme Court cam not, under it's own rule. so behind the record and look at the actual vote.
 "why the alterations have been such that Senator Miller Is made to vote for tablinR of his own amendment. The same about Senator Spraggins. He is set down as voting to table his own anendnent. The enemies of that amendment are represented as young for it. There are enough glaring mls- representations of this kind to render the bill fatal If the Supreme Court cares to decide against it,
 .It will result in knocking BtrminE- ham out of at least 10000 people that would have ben included in the isi0 .-s,,gssse -egss. sss-4-.---us- -ss s----sr sse
 East BlrmIngham Secure.
 Come what may, though. Mir King is firmly of the opinion that East Btrna- ingham, or the present Wards 10 ana II, will be saved to Greater birming- ham. This should add aoout S.evV nopulation to the city. This Is the prediction Of MT. King based on the recent decision of the Supreme Court in the Sigsbee case. If the King CSrAater Birmingham bill Is declared unconstitutional East Birmingham which includes AvonJale--will iustant- ly become q part of Birmingham. IT by any chance the bill should be up- held the annexation would De postpon- ed until next october.
 You see, it's this way, said MT, King. "The Supreme Court in thei' sigsbee case held the election Tor Greater Birmingham under the King bill to be valid. This was held Jan. 6. Tn June following. another election was held by the inhabitants of East Birmingham because they wanted to come into the fold right away. Retiev- ing that they would ultimately have to do so anyho ow. This last election was held under the Municipal Code act. which provided for the annexation to take immediate effect. Under the other election they would. like all other new territory, have had to wat until pext~ october to get the benents of Greater Birmingham.
 second EaeCtiOn Valid.
 Now the grounds on which the Supreme Court held, this last election to be valid was that 1t was not held six months or more after the first. As I look at it, if now the Supreme Court should come along in this new test case, and declare the King bill uncon" stitutional. that would nullify the Jan. uary election. And that being void. the effect of the Sigsbee decision would be automaticallyNre reversed because there would be no election to point to as pre- ceding the June election by less than six months. That being the case. the June election. it seems to me, would be in effect and East Birmingham would, in any event, be part of Greater Bir- mingham."
 As for the chances of Great Birm- ingham by any other means than the