The Birmingham age-herald., 1910-07-03
The American Cloak and Suit Co. 1928 Third Avenue
LETTERS TO THE EDITOR
On Election of City Officers
the Editor of The Herald:

TO the Editor of The Age-Herald:
 Discussion has been rife among the various nominees for the different city offices and their friends relative to the rumor which has spread that there is strong likelihood of the present City Council rejecting the expressed opinion of the voters on June 20 last.
 I have read one or two articles in the sible for the rumor. It x contented by some that the present City Council has the authority to appoint certain city of hcers, some of whom were nominated in the recent primary and that the present council is not bound by the results of the election in so far as its appointive power is concerned, but may, if 1t so desires, consider the result as a mere recommend ation to be followed or not as it sees it.
 Now, as to the first proposition: The authority of the present council to ap- point these officers, \
 The political code of 1907, section 106s, provides that the council. in cities of more than 5000 inhabitants, shall elect, at its first regular meeting, or as soon thereafter as practicable. a city treas urer a city clerk and city attorney, who shall hold office until the next gen eral election or until their successors are elected and qualified. The law further permits the council to appoint an auditor and such other officers as by ordinance 1t may stipulste are necessary to carry on the business of the city. The first three officers must be chosen, but 1t is in the discretion of the council to choose the additional officers and to fix their term of office and salary.
 It will be noted that the officers hold over until their successors are elected and qualified" which clearly demonstrates that it was the intention to have the new council elect or appoint the city off cers for the ensuing term, for should the newly elected officers fail to qualify there would be no vacancies created by reason of this clause, allowing the effl- cers to hold over. And again, the law provides that the council shall elect the officers at the first regular meeting ol as soon thereafter as practicable Of course the Board of Aldermen now in office could not have made any appoint ment when they went inte office for 2 period longer than their own term of of flee, no specific term having been fixed and this proposition finds its counterpart in all parliamentary bodies where tht incoming administration elects and ap- points all committees and appointive of fcers. If this be so, then, coupling these facts with the provision that the off cers shall be elected at the first regular meeting, it is clear to my mind that tht meeting referred to is of necessity the first regular meeting of the new board and not of the old Board of Aldermen.
 There is some little rumor afioat tha z the council is contemplating the aboi tion of some of the discretionary offices !. for which nominations were made in tn primary, but the law requires tha two-thirds of the council shall vote il favor of such a measure, it is highl, improbable that this could be done. espe cially in view of the fact that it re quires the concurrence of the Mayor il addition. Of course, no one of the pres ont aldermen who was renominated fo another term could consistently join i any such scheme because of the pledg g he took upon entering the primary cleo tion. SAMUEL B. STERN. ,f T2irn,ineha July 2, 1910