The Birmingham age-herald., 1908-10-17
Thinks Council Has No Author fly tO Order Clerk to
 Produce It
ONLY THE COURTS GAN
 ORDER BOX DELIVERED
Present Indications Are That Third Ward Matter Will Require Sew eral Months For Final
 Settlement.

The resolution of the city council, adopt ed at the last meeting of that board, re- questing City Clerk Shropshire to appear before the executive committee of the city with the ballot box used in the general election of September 21 in the Third ward has been vetoed by Mayor Ward.
 In making the statement of his veto the Mayor uses vigorous language, and he makes it plain that in his opinion the city council has very little to do with the contest in the Third ward.
 The veto will be read before the alder men at their next meeting, Wednesday night of the ensuing week. It is consid- erable probable that the city council will override the veto. In that case the re- quest of the council will be made, and the clerk asked to turn over the box to the executive committee. The clerk will not turn over the box, 1t is certainty, unless he is given assurance by City At torney Smith that it is lawful for him to do so. It is presumed that City Attorney Smith, in reference to this matter, held views identical with those of Mayor Ward.
 In case, however, the clerk Is assured that in turning the box over to the commit tee he will be acting in accordance with the law, the question as to what will then happen is proving of interest. The committee, according to Chairman Met calf, MT. Abernathy and other leaders of that body, will never open the general election box.
 It Is probable, therefore, that the Third ward contest will get into the courts.
 The statement of the Mayors veto fol- lows In the form of a communication to the city council:
 October 16, 190S To the Honorable City Council of Bir-
 mingham:
 Gentlemen-I herewith return, not ap- proved, resolution bearing on the Third ward contest, the latter part of which is as follows:
 Be 1t resolved by the city council of Birmingham, as follows: That the city clerk is hereby requested by this council and authorized by the same, in so far as it has power to do, either to obey any lawful summons directed to him by the city executive committee demanding him to produce before them in full session the box containing the ballots, poll lists, etc., used in the Third ward of the city of Birmingham in the general municipal election of September 2l, l90S
 On analysis 1t is patent that this resolu- ton has no legal force or real effect The city clerks guardianship of this bal lot box is fixed by state laws-not by the council.
 This veto however, is sent in
 l. For the purpose of throwing aside just that much political dust and under brush now being used to cloud up the Third ward primary contest.
 g. For the purpose of officially putting the city clerk on notice that evey ballot box used In general municipal elections of this city must be held intact and inviolate by him the full time prescribed by law. subject only to mandates of courts Of competent jurisdiction, but at no time sub feet to orders from any party committee with or without the consent of the coun- cil.
 8. The principle involved is too serious for the council to daily with by passing misleading resolutions.
 In this connection it might be well to remind the council that the laws of this state specifically say when ballot boxes can be opened, in the event or contest, by whom and for what purpose. In such enumeration, at no place is it intimated or contemplated that a ballot box used in a general election can ever be opened to settle a dispute arising from different election; or that a party committee can take charge of and, expose the vote or paraphernalia of a general election. Re spectfully, G. WARD, Mayor