The Birmingham age-herald., 1911-12-22
COMMISSION WINS AT STATE CAPITAL Supreme Court Declares
 Law Constitutional A DISSENTING VOICE Every Line of Attack Routed-De- cision Will Have Important Bear
 ing on Validity of Other
 Commission Measures

Montgomery, December 21.-(Spe- .cial )-In an opinion of far reaching importance and consequences to the en- tire state of Alabama, the supreme court today held that the act of the legislature which established a com mission form of government in this city is constitutional.
 There was one dissenting voice to the verdict of the court rendered by Judge Mcclellan, though the remaining members adhered to the validity of the structure setting forth numerous au- thorities in arriving at the official opin- ion of the court.
 Almost six months ago, as soon as the commission form of government was inaugurated in Alabama, the bill providing for the change in Montgom- cry was attacked by local attorneys, who set up numerous points, the most important of which was that the bill was illegal in that it was passed after former bill had become operative According to the constitution of the state a bill which has lain on the gov ernor's desk as long as six days after that period becomes a law ipso facto. But attorneys for the prosecution all legged that this constitutional provision was thrown aside by the governor, though the alleged violation was not discovered until after a subsequent bill had been passed.
 The original act provided for the election of three commissioners to run this city, whereas the substituted bill provided for the appointment of i've commissioners. Because of the radical change in the selection and number of commissioners the fight was first con- ceived, one element of the city alleg- ing that the change was due to the machine"
 In the circuit court of Montgomery the question was threshed out at length before Judge w. w. Pearson, who, af- ter deliberation, held that the law was good. The effect of the higher courts decision is to sustain the lower court in its ruling.
 At the recent argument of the meas ure before the supreme court the re call" features of the bill were not brought into the question. which fea- lures threatened for a while to involve every commission government act in the state should the attack hold good The attack was made on the ground that the constitution provides for the removal of officers by impeachment rather than by recall methods, but the court took no cognizance of 1t.
 Regarding the charge that the Mont gomery bill was unconstitutional be- cause it Is local measure, the supreme court went considerably into the details of the four commission government bills adopted by the recent legislature on population basis. Speaking or the Montgomery bill in this respect tho court said
 In form at least the act is not open to the objection taken to it. The range of numbers in the class in which the city of Montgomery falls is fairly large, and we are unable to say with perfect assurance that the legislature may not have found differences between cities of this class and others having popu- lation of less than 25,000 or more than 50,000 which justified differences in organization and local regulation. While not disposed TO encourage this character of legislation, we cannot in this case say it transcends the consti- tutional power of the legislature and so are constrained to withhold interfer- ence."
 List of Decisions