The Birmingham age-herald., 1908-08-25
SECTION OF KING
 BILL IS INVALID According to Decision Made By
 Judge Lane WHOLE ACT NOT EFFECTED The Author of the Bill Thinks the Measure as Whole Will Be Pro-
 nounced Valid By the
 Supreme Court.
WHOLE ACT NOT EFFECTED

Quo warranto proceedings, instituted by a number of citizens of East Birmingham against the city of Birmingham on the recent election which annexed what is now known as the Eleventh ward to the city of Birmingham, were heard yester- day morning before Judge A. o. Lane in the circuit court, which resulted in his handing down a decision declaring the third section of the King Greater Bir- mingham act, under which the Greater Birmingham election was held on January 6, to be unconstitutional.
 He held that the provisions of section were in conflict with subdivision 20 Of section 1O4 of the constitution of Ala bama. The question was raised by de- murrer filed by City Attorney Ed D. Smith to the petition. Judge Lane held that the contention of the city attorney was we'll taken.
 Section of the King law provided for an election to be held and for the ma- chinery for holding said election. The effect of the ruling was that the East Birmingham election on June 30, 1908, was valid election, and that the election held January 6, 1908, was invalid
 The code of 1907 provides that no elec- tion on the question of annexation of territory to a city town shall be held within the territory proposed to be am 1 nexed within six months after an elec- i tion has been held for the same purpose. ittF A of the King law is merely surplus and not necessary to the validity of the Greater Birmingham act
 He contends that the Greater Birming- ham act is entirely valid and is complete without the election held January G. 1908.
 The Greater Birmingham act was not assailed, and the act as a whole was not in any way decided on by Judge 4.ane. He merely sustained the demurrers filed by City Attorney Smith to the East Bir- mingham petition.
 Jere C. King, the author of the Greater Birmingham act, was asked about the effect of Judge Lanes decision, and said:
 T am familiar with the legal proposi- tions raised by Judge Lanes decision. It does not hold that the Greater Birming- ham act is unconstitutional but that sec- ton of said act Is unconstitutional The law is entirely complete without section 8. The Greater Birmingham act can not be attacked directly before October 1, 1909 when Birmingham undertakes to asser. the functions of municipal government over the territory annexed. It could then be raised by some citizen in the territory annexed, say, for instance, In resisting the collection of taxes on city license or for an unlawful arrest Section of the act was added to the bill after it passed the house and went to the senate The house accepted the senate amendment. The amendment would simply be eliminated and the act would stand as it was originally passed in the house. The senate amendment was of- fered by Senator Spragins at my request, 1 otherwise Senator Spragins would have voted against the bill and it would have been defeated. Senator Spragins' vote for the bill as amended resulted in a tie vote, and Lieutenant Governor Gray cast the deciding vote for the bill.
 T still think the law is all right and if it is tested in the supreme court that it will be held valid.'