The Birmingham age-herald., 1908-12-18
SUPREME COURT
 UPHOLDS BIG CITY East Birmingham Annexation
 Declared Invalid NEW QUESTION ARISES Court Holds That Greater Birmingham Election of January supersedes
 Suburban Election Held
 On June 30.
NEW QUESTION ARISES

A decision handed down by the supreme court at Montgomery yesterday in re- gard to the annexation of East Birming- ham to Birmingham has placed Birming- ham in a quandary regarding it's Tenth and Eleventh wards.
 The decision in question reverses a de- cision handed down by Judge A. o. Lane of the circuit court several months ago ruling that the Greater Birmingham cleo tion of January 6. 1907. was invalid, and that the East Birmingham election of June 30, 1907, was legal
 The Greater Birmingham election of January included East Birmingham, and under the result of that election Greater Birmingham becomes effective October l, 1909. There is a section in the code of Alabama stating that at least six months must intervene before another election may be held on the same thing in any district.
 The election annexing East Birmingham
 was held few days less than six months
 after the Greater Birmingham election,
 and shortly after East Birmingham had
 gNtCAAAS
 Waid and others was filed against the Mayor and Aldermen of Birmingham all leging the election of June 30 to be illegal as 1t had occurred in less than six months after the election of January 6.
 This suit was first filed in the probate I~couIr, but was afterward filed with the
 circuit court, when Probate Judge Sam da1 41,ot la baa Judge Lane ruled that the election of June 30 was legal, but that the third sec-
 ton of the King Greater Birmingham bill rendered the election of January 6 in- valid. This section provided for the ap- poiItme of the election officers by the mayor of Birmingham, which Judge Lane held was unconstitutional.
 The case was appealed to the supreme court and it's decision handed down yes-
 terday morning held the King bill te be good. It also went further and held that it's effects must not be interfered with
 until october l, 1909, the time it goes into effect
 This causes the question to arise What is Birmingham going to do with Avon dale, now the Tenth ward?'' East Birmingham was never incor- porated but was created into the Eleventh
 ward when annexed to Birmingham. But | little trouble will be experienced it is l believed in dropping the Eleventh ward, but with Avondale it is different. At the | time of annexation and for several years prior thereto Avondale was incorporated 1 and had a regular form of government. An election was held there a few months after the Greater --4rmin~ham election of January B. which resulted in immediate annexation. The books of the town were turned over to the Birmingham author ities and merged with the books of this corporation.
 There has been no objection registered by the people of Avondale- but the de- cision in the East Birmingham case it is said will hold in the Avondale case. The territory involved in the Avon dale and East Birmingham elections com prises about twice as much. as the orig inal area of Birmingham. On the south lside-Avondale-it runs along the ridge of Red Mountain to East Lake and on the north side-East Birmingham-runs to East Lake, the extreme limit of each be- ing even with the extreme limit of East Lake and bottling Woodawn completely and East Lake except on one side.
 Jere c. King wore his Greater Birming- ham smile yesterday and 1t spread to great width when he heard of the SUI preme court decision upholding his bill In regard to it he said
 'T am delighted. The Greater Bir- mingham act still bears charmed life I have never lost hope about the meas ure and the fact that it has run the gauntlet of the supreme court gives us the cheering news we have long wished for"