The Montgomery advertiser., 1909-07-04

Iicere are appointed, provided how
| ever, that existing employees hereto.
petitive examination shall retain theil
positions without further examina-
tion unless removed for cause
All officers and employees in any
such city shall be elected or appointed
with reference to their qualifications
and fitness. and for the good OF the
public service. and without references
to their political faith or party at
1t shall be unlawful for any candi-
date for office. or any officer in any
such city. directly or Indirectly, to
give or promise any person or persons
any office. position, employment
benefit. or anything OF value. for the
purpose Of influencing or obtaining the
political support, aid or votes of any
person or persons.
Every elective officer in any such
city shall. within thirty days after
qualifying. file with the city clerk, and
publish at least once in a daily news
paper Of general circulation, his sworn
statement of all his election and cam
pafgn expenses. and by whom such
funds were contributed.
Any violation of the provisions of
this section shall be q misdemeanor
and punishable under Section 1922 of
the Code of 1907, and shall also be O
ground for removal from office.
Sec. Is. The Council shall each
month print In pamphlet form q de-
tailed jtemized statement of all re-
ceipts and expenses of the city and a
summary OF its proceedings during the
preceding month and furnish printed
copies thereof to the state library, the
daily newspapers of the city; and to
persons who shall apply therefor at
the office OF the city clerk. At the
end of each year the commission shall
cause a full and complete examina-
ton of all books and accounts OF the
city to be made by competent account
such examination in the manner above
provided for publication Of statements
OF monthly expenditures.
Sec. 16. II. at the beginning OF the
term of office OF the first Council
chosen for such city under the pro-
visions of this Act, the appropriations
for the expenditures of the city gov
eminent for the current fiscal year
have been made, said council shall
have power. by ordinance. to revise.
to repeal or change said appropria-
lions and to make additional ap-
propriations.
Sec. 17--In the construction of this
Act the following rules shall be OBJ
served, unless such construction would
tent, or repugnant to the context Of
the statute:
/. The words councilman" or "al-
derman" shall be construed to mean
councilman" when applied to cities
under this act.
2. When an ONCE or officer Is named
in any law referred to In this act. it
shall, when applied to cities under this
act, be construed to mean the office or
officer having the same functions or
duties under the provisions of this act,
thority thereof.
81 The word franchise" shall include
every special privilege in the streets,
highways and public places of the
city, whether granted by the State or
the city, which does not belong to the
citizens generally by common right.
4. The word electors" shall be con-
strued to mean persons qualified to
vote for candidate for elective offices
at regular municipal elections.
Removal of Omcials.
Sec IS. The holder of any elective
office may be removed at any time by
the qualified electors of such city. The
procedure to effect the removal of an
incumbent of an elective office shall be
as follows: A petition signed by quail
flied electors, equal In number to at
least 25 per centum Of the entire vote
for all candidates for the office of
Mayor at the last preceding general
municipal election. demanding an cleo
ton of a successor OF the person soxghr
to be removed shall be filed with the
city Clerk, which petition shall con-
tain a general statement OF the
grounds for which the removal Is
sought. The signatures to the petit
ton need not all be appended to one
paper, but each sIgner shall add TO his
signature his place of residence, CIV
ing the street and number. One Of the
signers of each paper shall make oath
before an Officer competent to admin
lister oaths that the statements therein
made are true as he believes, and that
each signature to the paper appended
is the genuine signature OF the per-
son whose name it purports to be.
Within ten days from the date of fling
of such petition the City Clerk shall
examine the record in the ONCE of the
Probate Judge of the County and as
certain whether or not said petition
Is signed by the requisite number of
qualified electors, and. II necessary,
the Council shall allow him extra help
for that purpose; and he shall attach to
said petition his certificate, showing the
clerks certificate the petition is shown
to be insufficient, IL may be amended
within ten days from the date Of sal~
certificate, by the additional signature
of a sufficient number of qualtfed
electors necessary to supply the def
cheney in the preceding petition. The
clerk shall, within ten days after such
amendment, make like examination OIL
the amended petition, and II his certi-
hcate+ shall show the same to be In
sufficient 1t shall be returned to the
person fling the same; without preJnS
dice. however. to the fling of new
petition, the clerk shall submit the
same to the Council without delay. II
the petition shall be found to be SUI
hcient. the Mayor shall order and fix
a date for holding the said election,
not less than thirty days or more than
forty days from the date of the clerk s
certificate to the Council that sufti-
Gent petition Is filed. The provisions
of, this section shall apply to any COM
missioner holding his office by virtue
of an appointment thereto under Sec
lions 2 and 4 of this act.
Eaid election shall be held in all re-
spects in accordance with the provls-
ions of Section of this act, unless
otherwise provided herein. The sue
cessor of any officer SO removed shall
hold office during the unexpired term
of his predecessor. Any person sought
to be removed may be candidate 10
succeed himself, and unless he requests
otherwise in writing, the clerk shall