The Birmingham age-herald., 1915-10-06
Assistant City Attorney De- clares Initiative Provision
 Is Unconstitutional
PRESIDENT OF BOARD WOULD BE CITY'S GEAR
Would Have Practical Charge of All Departments, Be President of the Board of Education and
 Have Veto Power

In digest of the proposed "five-com- missioner bill written at the suggestion of the city commission NJ. M. Ullman. assistant city attorney, declares the sec tion providing for the initiative uncon- stitutional
 An interesting fact brought out by MT. Ullman is that the president of the com mission. in the event the people indorse the "five-commissioner'' bill in the elec- ton Monday, will be in reality czar of Birmingham In the first place. his term will be extended 14 months. In the sec- ond place, he will be made president of the board of education In the third place, he will have practical charge of all departments of the municipal govern ment. And, finally, he will be given the veto power, to override which the four other commissioners will be compelled to vote unanimously.
 After reciting the sections of the bill, MT. Ullman summarizes and draws con clusions as follows:
 The Important Changes
 "The following may be summarized as the more important changes made by this act:
 'l The number of commissioners are changed from three to five.
 "2 The salaries of the commissioners are fixed at S5000 for the president and s4Ooo for each of the commissioners.
 "s The term of all of the commissioners expires November, 1917. and thereafter five commissioners are elected at the same time to hold office for four years.
 A. The president of the board has veto power and no ordinance or resolution can be passed over the veto of the president except by the vote of four commissioners. "5 The five commissioners are made the heads of five departments as follows:
 "a. General government, finance and taxation.
 ''b. Public Improvements and public highways.
 e. Public buildings, parks and play grounds and public libraries. I'd. Public safety, including police and fire departments
 "e. Public education and health, includ- ing the school system and public health sanitations. library and educational sys- tenn.
 "6. The present board of education is leg islated out of office and the commission is required to elect new board immedl- ately after going into office and the pres ident of the commission is made ex Of ficio chairman of the board of educa- ton. The commissioner who is the head of the department of public health and education and has supervision over the public schools and the administration oi the educational system of the city is not made member of the board of education and has no voice therein, Attacks the Initiative "7. This section provides for the initia. tive by giving to the people the power to | initiate legislation of any character, and providing that the same be either adopt l ed by the board in the very words pre- sented, without amendment, or else il | is made the mandatory duty of the cleo | ton commission to submit the same to l the people at special election, and il adopted, cannot be amended or repealed except by the people. The act, however l contains no provision for the manner oi submitting to the people & proposition tt amend or repeal, unless it should be hele that a proposition to amend or repea could be submitted in the same manner as the ordinance was originally initiated | but this could not be true for the req l son that the act provides that an ordi | nance adopted by the people cannot b' | repealed by the board, and yet the pro l ceeding providing for initiating an ordi l nance requires the board to act before l submitting it to the people, and 1t l: l only submitted to the people in the even | of the adverse action thereon by th' l board 1t would. therefore, appear tha 1 this provision of the act is incomplete l and of doubtful meaning and extremes | dangerous in operation and may lead t' l the startling consequence that howeve unwise legislation so enacted may be l there is no method provided for repeating | or amending the same.
 l q have not examined the bill in con nection with the omnibus bill passed b, the recent legislature and am, therefore not prepared to state whether or not an! provisions of the omnibus bill have beel repealed by the present bill being in con flict herewith.
 .'S The election commission is referre 1 to in this act but the act providing fo | the election commission is evidently con | tained in other legislation, and I under stand that the probate judge. sheriff am circuit clerk will have charge and contro of all elections. genera land special. un der the provisions of the act.
 Qualification of Candidates
 "9. The number of signers necessary t | qualify a candidate is reduced by the pro | visions of the act from 1000 to. 200, and thi should have a very marked effect i producing a larger number of candidate ! and give a very much larger field fror 1 which to elect a candidate, and accom- panied at the same time by the dange of an unwise selection being made.