The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-09-25
WOODLAND must
HOLD ELECTION
New Code Makes the Condi-
lions S ecifc
ELECTION Is MANDATORY
Writer Says 1t Is Now Up to the coun-
Gil to Call an Election as "EarIy
as OBSERVATION-DISCLOSURES
the New Law.
ELECTION IS MANDATORY

To the Editor of The Age Herald.
I was greatly entertained and amused
while reading the various interviews in
your "In Hotel Lobbies" column yester-
day, when 1 perused the one entitled
mo Woodlawn Election" which pur
ported to have been given your hotel
reporter by lawyer. If your re-
porter correctly quoted this lawyer"
and L have no reason to doubt that he
did, it is plainly evident that the said
lawyer has hardly glanced at the law
in reference to general municipal
election, let alone studying It's numer-
Gus sections carefully, and if the city
council of Woodlawn act upon his
opinion, as expressed in that interview,
the mayor and city council of that mu-
nicipality will find they are leaning
upon a broken reed II any qualified
voter feels called upon to insist that
the mandates of the law be obeyed.
beg to differ with the said lawyer
in his statement that ct was Wood
lawns privilege to pass by the NUM-
cipal election if it wish ed" and tnat
eff the people do not desire an cleo
tion of course they do not have to hold
one" And also to the further state
ment that the fact that Woodiawn
passed it simply means that it cannot
hold a municipal election for two
years" etc And again to the state
ment that "since Woodlawn did not
hold an election it simply means that
the present officers will hold office un-
til Woodlawn becomes a part of Grea ter
Birmingham next year under the King
bill"
Section 2 of the act of August IS,
1907 (code 1907, section 104D, pro-
vides that mo municipal election for Of
ficers except as herein otherwise pro-
vided, shall be held after the first day
of January next until the third Monday
in September, 1908, when a general
election shall be held"
Section Is of the same act Code
1907, paragraph 1869, provides that
the regular municipal election in cities
and towns shall be held on the third
Monday in September 1908, and bien-
nially thereafter. Municipal officers
elected at such elections sh all assume
the duties of their respective offices on
the first Monday in October following
such election, unless herein otherwise
provided"
BY section IS of this act. (code 1907,
paragraph 106s), it is provided that "in
all cities and towns, at the general
election to be held on the third Mon
day in September, 1908, and biennially
thereafter, there shall be elected a
mayor, in cities having a
population of less than 5000, and in
towns, the legislative functions shall
be exercised by the mayor and five
in such municipalities shall be elected
by the city or town at large at the
first general election. on the third Mon
day in September, 1908" etc.
Section of said act, code 1907, par
agraph 1049), provides that "affirma-
tive action shall not be nevessary for
cities and towns to acquire the rights,
power and auth GRITTY herein granted.
Municipalities shall hold such elections
and pass such ordinances and reso1u
lions as are herein required"
BY section of this act Code 1907, page
i047, 1t is provided that Officers elected
before the passage of this act whose
terms shall not have expired on the first
Monday In October, 1908, shall hold office
until their terms expire under the pro-
visions of the law under which they
were elected, except as herein provided.
and the terms of all persons elected on
f1,A fr1 in Garaf har
SHALL In such cases, begin on the expira-
ton of the terms of the persons then
holding office, and the persons so elected
shall hold office until their successors are
elected and qualified"
While the act referred to specifically
states that a general municipal election
shall be held in every city or town in
the state on the third Monday in Sep
TENDER, 1908, yet the legislature passing
that act, probably feeling that through
mistake, erroneous construction of the
law or the real meaning and intent of its
provisions, or by reason of erroneous ad-
vice given the governing body of some
municipality by the city attorney or law
officer, no notice of an election was pub
lished at least ten days prior to the
third Monday in September, 1908. provis-
ion Is made by section 80 of said act Code
1907, page 1170), that III the election pro-
vided for should not take place on the
day appointed the corporation shall not
for that cause be dissolved but the inu
cumbents shall remain In office until their
successors shall be elected and qualified.
And 1t shall be the duty of the council
to fix some day, as early as convenient,
on which said election shall be held,
which election shall be conducted in all
respects as a regular election
1t will be noticed that in every section
of the act which provides for the holding
of general municipal election the time
is fixed as the third Monday in Septem-
Der, 1905 in all cities and towns in the
state, and no exception is made in any
section in the case of a city or town
where the term of the Incumbent mayor
does not terminate until after the first
Monday in October, 1905 whereas they
do provide in such cases when the mayor
elect and the members of the council
shall assume the duties of their respec-
tive offices.
Therefore the contention of the lawyer
who. in the interview referred to above.
said that "the fact that Woodlawn passed
1t simply means that it cannot hold an