The Birmingham age-herald., 1916-12-17
REFERENDUM NOW IN SMITHS HANDS Case Goes to Supreme Court
 in Any Event EFFECT ON THE CITY Decision May Mean Vote in Birming- ham Upon Question of Retaining
 the Commission Form of
 Government

That the Joker amendment to the Laverty act places a limitation on the classification of the law was in the main the argument presented by Attorney Horace C. Wilkinson at the hearing on a petition of mandamus before Judge Clare B. Smith, in the circuit court yes- terday morning.
 The petition sought to require Probate Judge J. F. Stiles to receive and check petition signed by at least 4437 names of qualified voters, and then to call an election on the question of a change of municipal government in Birmingham from the present system of city commits sioners to the aldermanic system that prevailed several years ago.
 The only comment of Judge Smith fol- lowing the conclusion of the arguments was that it appeared to be a matter of importance and under the circumstances he would take the question under advise ment. His decision is not expected be- fore next Tuesday at the earliest.
 QUOTES FROM LAW
 In his opening argument. which was
 
 law: Section l. That all cities in the state of Alabama which may have here- tofore adopted a commission form of government" could, upon the presentation of a petition, secure an election on a change to the aldermanic system if de- sired. Mr. Wilkinson then quoted the last four lines of the act, which, he as- serted was an anepdmept poda hv San- ator Harry Hartwell of Mobile on it's third reading in the state senate: That this act shall not apply to cities having a population of 5000 or more according to the last or any subsequent census"
 This, according to the opinion of MT. Wilkinson, which he supported by judicial opinions was violation of section 45 of the Alabama constitution, and was mani- festly a limitation of a classification which was repugnant to the policy of the city and therefore the offending section should be stricken out.
 ''Furthermore, stated MT. Wilkinson, 'the people of Birmingham have con- strued the Laverty act to mean what it's author evidently intended 1t to mean, and that was that it effected all cities. In fact, the thing is so palpably ridicu- lous and incongruous to our organic law that refuse to take up the time of the court to argue it any further"
 DECLARED SOUND
 In answer to the argument of MT. Will kinson, which did not take up more than 15 minutes, City Attorney M. M Ullman replied at length, and with liberal quo- tatons from the authorities to the point that if one section of the Laverty law was unconstitutional. hen the entire act was bound to fall However, contended MT. Ullman, the supreme court, in the appeal from Huntsville, had already de- cided that the entire Laverty bill was constitutional in all of it's sections, and, therefore, there was no merit in the contentious of Attorney Wilkinson.
 "Well, this seems an important ques- tion," said Judge Smith, .'and if you will leave your papers with me I will take the matter under advisement, and will let you know when I am ready to decide.'
 Regardless of the purport of the decis- ion of Judge Smith, the case will be ap- pealed to the supreme court.