The Birmingham age-herald., 1911-02-28
B!!! AND NAME MEN
 FOR COMMISSION Judge Lane Says Governor May Decide on Slight Amendment THINKS THE RECALL FEATURE IS FAULTY Judge Lane Believes the Bill Is All Ripht--Was Called to Mont
 gomery For Con-
 ference


 That Governor O'Neal will sign the Birmingham commission bill and ap- point the commission this week, was the news brought from Montgomery by Judge A. O.. Lane. who returned on the midnight train.
 While Judge Lane did not intimate the personnel of the commission to be appointed he stated that the governor has decided to waive his personal oD- Elections to the bill and will probably be content with but one little amend ment-a clause setting forth that if any ciause of the bill is declared uncon- stitutional the remainder shall stand
 Colonel O'Neals objections to the b'l were that he did not think the recall feature constitutional and that he fla vored the democratic primary which IS prohibited in the bill. For this req son he asked Judge Lane. who is one of his warmest personal friends, tc go to Montgomery and consult with him on these two points It is so well un- derstood that Judge Lane will be one of . the commissioners that he was natur- ally called into counsel, especially since he Is considered one of the best con stitusional lawyers In the state. Busiest Man In Alabama ''Tke governor is the busiest man ir AlaBAma,'' said Judge Lane last night. "I found him in almost state of perse' cujAon. There is not a minute that s6fne one is not knocking at the door CT rin, Sg the bell. While was with hira tm quarters of an hour we were interrupN every minute.
 m T have x ten the matter considerable th bought and am of the opinion that the bill is all right While there is some thing in the argument that man ap- Ilpointed for number of years should not be removed nnless given a trial and impeached, the question has been test cd and holds in other states.
 However. think the governor de. |cided to insert clause which will prevent the whole bill becoming void in kSae the recs1l section is d aeIarrd un- l constitutiona1. Colonel ONeal is very anxious to give Birmingham the best government and what the people want lie has decided to waive his personal y, leaving that for the next legisla ture to change. If the straight election sys- tenn does not work out.
 Objections to Recall
 Personally said Judge Lane, T do not think the recall is democratic It ' Is an innova tion In Alabama. and does not carry out the democratic idea of representative government. Those ques- tions can be strengthened cut in time.' ?
 Asked what he thought the gov- ernor intends doing, Judge Lane said that the whole matter will be cleared out of the way before the week is ove;T The judge did not deny that he had talked with the governor on the question of the personnel of the commission. but he insisted that their principal conversation had been on con- stitutional questions
 By BERRYMAN G. BETTY
 Montgomery. February 2I-(Special.)- [ Internal dissension in the city of Bir- l mingham over the various phases of the Percy commission government bill, chief or which Is to be found in that clause which permits the governor to appoint the commissioners, has paled into insig- nihcapce as compared with graver mat i ter which was being rumored in Mont somery today The latest phase of the situation is an insinua ton that the meas ure in its present form Is unconstitll- tional.
 From what can be gathered, the or ganic fault lies In that provision which permits recall of the commissioners upon sufficient representation or alleged representation, that the office is being ba ,,r,ic cir government instrument, which is now in the hands of the states chief executive, suffers such a recall, which can be or dered by election after a certain number of voters have attached their signatures to document petitioning such re course. . It seems that doubt exists in the minds | of the gubernatorial family as to whether | or not the recourse satisfies in every re- spect. the states constitution There have been frequent rumors during the day that the recall feature may deprive an official of his office without just cause It has been alleged. moreover, that an- tagonists of the best commissioners could ! by misrepresentation secure the necessary names to petition for recall put the city to the expense of an election and | then thrust machine man upon the city as one of the guiding directors of the destiny of that municipality.
 Governor Will Not Talk
 Governor Emmet O'Neal, who denied himself Mardi Gras festivities in Mobile in order that he might more fully investi- gate the Birmingham measure and at- tend to pressing matters at his office. re- fused today to discuss the matter in its present shape. He was non-eominittal on every avenue to which the conversation driftcd
 Asked about the particular clauses in the bill which are rumored to be without warrant of the constitution. the governor replied:
 I've have been busily Investigating the bill pretty much all or the day, but have as yet reached no decision as to the measure"
 Further pressed to make some state- ment regarding the situation, whether with regard to the constitutionality of the measure or not. the chief executive merely repeated the above statement, i smilingly saying that the bill would be thoroughly investigated before a conclu- sion of any kind would be reached.
 Rumors of the coming of q Birming- ham delegation to the city tonight were carried to his excellcncy.
 Have you made an appointment with R>them, or promised them an interview upon taeir arrivai?' he was asked W The answer was of the sterotype va riety. The chief executive again Insisted 
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