The Birmingham age-herald., 1908-12-17
FAIRNESS ELECTION IS
 ONCE MORE POSTPONED
Appropriations Made for Charity for Coming Year-New Automobile Ordinance Recommended by
 the Judiciary Committee.


 demonstrative as at other performances.
 Last nights session was a busy one, though it was of short duration. The refusal to entertain d resolution looking to impeachment of Alderman Klotz, the appointment of a committee to investigate charges of bribery against Alderman Fulghum, the acceptance of the resigna- tion of Alderman Forney, the declaring of vacancies in the Sixth ward and in the board of education, the overriding of the mayors veto of the councils previous action increasing the salary of the as sistant city attorney, and the reference to the judiciary committee of the Jeffer- son County Medical association's recom- mendation of Dr. R. B. Hardness for reelection as city health officer, were some of the features of the meeting. It is a significant fact that in over riding the mayors veto of the council s action in increasing the salary of As sistant City Attorney J. Quinton Smith, the vote of the council was unanimous. For the moment the majority and the minority clements were welded together. On a matter of importance, it was the first unanimous vote of the council in many months.
  When the recommendation of the Jeffer- son County Medical association that Dr. Hardness be reelected city health officer was read, Alderman Moore moved that in view of the action of the association in filing legal proceedings against the council, this recommendation be referred to the judiciary committee. This action was taken.
 The communication from w. P. G.. fo a q member of the board of education to which he was unanimously elected at the last meet ing of the council, was read, and va cancy in the membership of the board was declared. This vacancy will be filled probably at the next meeting of the coun- cil.
 It was stated that J. Quinton Smith had received the appointment as assistant city attorney, and that the vote of the l council was unnecessary. As stated, the mayors veto of the resolution increasing the assistant attorneys salary from $l2OO to $15O0 year was overruled by a unani- nous vote of the board. Alderman Coop CT led the fight against the mayors veto, and read a paper showing that the work of the assistant attorney was hourly in creasing.
 Forney's Resignation Read. The resignation of Alderman John C.. Forney was read before the council. This resignation was accepted, and vacancy in the Sixth ward was declared This %a- cancy, it Is probable will be filled at the next meeting of the council. The judiciary committee made report of the verdict in the Alderman Forney case, and the concluding paragraph was as follows:
 We believe Alderman Forney was not guilty of any intentional misconduct" This portion of the judiciary commit tees report was unanimously adopted by the council
 Other Reports Made. It was announced that Alderman Gam bill had been placed on the police and sanitation, public buildings, water, and markets committees on which commit | tees Alderman Eggleston held member ship prior to his resignation. City bonds to the amount of $500, which have been redeemed, were burned. The communications from the mayor and City Health Officer Hardness recommend ing the election of assistant to the sani- tary inspector, Street, and clerk of the health department, Sutton, were read and filed.
 The report of the health officer for No vember was presented and filed. Robert Baker made formal application for the position of assistant to the sani- tary inspector, the application being re- ceived and referred to the proper com mittee.
 Ordinances Nos. 43S and 4Ss. providing for the construction of certain sanitary sewers, were confirmed. The assessments under ordinances Nos. 39S and PA, pro- viding for the construction of other sani- tary sewers were confirmed. An ordinance providing for the changing of the names of certain streets and ave- rues in the Sixth and Ninth wards, was referred to the proper committees
 New Ordinances Recommended.
 The judiciary committee, in it's report. recommended an amendment to the auto mobile ordinance and also recommended that the petition of taxpayers in the territory formerly known as East Bir- mingham be passed to await the decision of the courts on the validity of city taxes for 1908, and that the pending pay ment of such taxes be held in abeyance. The report of the committee was adopted.
 Alderman Gambil, under the head of new business. offered a resolution pro- viding for the consultation of Third and Fourth ward aldermen relative to the establishment of a new school on the boundary line of the two wards and an- other resolution for the establishment of additional entries into Oak Hill ceme- tery. These matters will eventually go to the proper committees.
 The appropriations for charity for 1909 were contained in the report of the finance committed The appropria tioNs for the Alabama Industrial School and the Ala bama Orphans and Old .Folks' Homes were opposed by Alderman Estes, the opposition to the first named being based on the ground that the institution Is a state institution and Birmingham should not make appropriations for the main- tenance of same save along with other cities of the state, and the opposition to the second being based on the fact that the institution is sectarian, and should not receive an appropriation un- less other sectarian institutions were sim ilarly cared for. The report of the com mittee, however, was adopted in full.
 The following reports of committees were adopted:
 Finance Committee.
 Present--Aldermen Heidt, Hogan, Bur nett, Klotz, Morgan Estes.
 Absent-Alderman ONeill.
 Alderman Heidt, chairman of the finance committee, submitted the follow ing report
 The finance committee recommends that the petition of Yoshimi & Co.,, for re- fund of license, be disallowed
 That petitions of Sidney -4art for re- fund of money paid for property at tax