The Birmingham age-herald., 1908-12-25
Bill As Signed By the GOy- Grn0r Not the Bill K
 iStng Today
IN HIS STATEMENT HE
 RAISES CRY OF FRAUD
Says Supreme Court Will Not Stand for Record That Bears Stamp of Suspicion-Quo Warranto
 Concluded.

That the Greater Birmingham bill as rassed by the senate and signed by Gov ernor Conner is not the Greater Birming- ham bill that appears on the official jour nal, is the sensational charge made by Jere King
 He does not hesitate to state his belief that fraud has occurred, and in an inter- view hereinafter to follow, points out the ground on which his charge is based.
 In hearing the quo warranto proceed ings filed for the purpose Of busting Dr. Martin from his seat as Avondales repre- sentative in the City Council, Judge Lane will, of necessity, pass on the constitu- i tionality of the King Greater Birmingham bill. An authorized copy of that bill, as i it appears today on the official journal, was presented to the court yesterday morning. Attorney Felix Blackburn was the first to discover an appalling irregu- larty. There was no record of the may" vote.
 close examination followed imme- dletely, and MT. King states that the bill of today is not the bill passed by the senate and signed by the governor.
 Charges of King. From the time of the bills introduce tion," stated MT. King, until it's final passage, MT. Babb, who, on account of long experience in the legislature of Ten Lessee, is an excellent journal clerk, and l, who introduced the bill, watched every movement of those opposed to the meas
 
 proved by the governor, we reviewed it carefully to ascertain if it contained any Irregularities.
 At that time, the bill contained no irregularity.
 At the present time, it contains many errors so monstrous and so appalling that a child could discover them.
 q do not hesitate to say that I believe the senate journal has been tempered with"
 As the Greater Birmingham bill stands today, there is no doubt but there is ground for the attack on it's constitutions ality according to MT. King However, in this respect MT. King says: q do rot believe the supreme court would stand fer record that bears the stamp of sus- pioion."
 MT. King authorizes the following:
 Irregularities In Bill.
 'gThe Senate Journal on the King bill shows the following remarkable facts: The yea vote on the four separate amend ments has been changed to the nay vote, and the nay vote has been changed to tie yea vote. The journal makes Senator Miller vote against his own amendment, and makes Senator Spragins and Senator Overton vote in favor of it. This change of the vote is made to occur four sepa rate times The vote in each case is re- versed.
 Another mistake that arouses suspi- cion is that the vote showing yeas and nays on the final passage of the bill ap- pears in the printed journal distributed in the various offices of the state. The official journal now in the office of the secretary of state appears to show only the yeas voting. How could the printer nave the official vote showing yeas and nays without having the original copy from which to set it up. That record has disappeared from the official journal, and must have disappeared since the journal went to the printer, otherwise the print CT could not have set out the vote by name.
 Joseph B. Babb, secretary of the Com nercal club, who is an experienced jour- nal clerk, having served as such in the legislature of Tennessee, and I went over every detail of the proceedings after the bill was signed by the governor, and every detail of the bill was found to be regular and in good shape. This was done to prevent any oversight and to correct any detail that might have been overlooked. q do not hesitate to say that I believe the Senate Journal has been tempered with. The supreme court will be asked to lay down a rule by which the true records can be examined. It would be an outrage to allow some scamp to defeat the measure on mere technicality. I do not believe the supreme court will stand for record that bears the stamp of sus- ricion."
 Arguments Are Concluded. Yesterday before Judge Lane, the argu- ments in the quo warranto proceedings 
 tho case under advisement and the law yers will submit briefs. The proceedings were filed for the pur- pose of testing the constitutionality of the action of Dr. Martin. alderman of the Avondale ward, in retaining his seat in view of a recent decision of the supreme court declaring that the annexation e Avondale. East Birmingham and Noun tain Terrace was invalid. H. course of this hearing, it was neces- sary for the King bill to be submitted to fire. If the King bill is valid, then Avondale, East Birmingham and Noun tain Terrace will not become portions of Birmingham proper until the King bill goes into effect, October 1. 1909. If there are flaws in the King bill, the annexa- ton of the three subdivisions was valid, it is believed in view of the existence of the municipal code bill which pro- vides for such action.
 Magazine Writer Dead.