The Birmingham age-herald., 1916-06-09
Ward Only Member Not of This Opinion About the Mcdonald Injunctions
REPORT PETITION
 IS CIRCULATED FOR
 ALDERMANIC FORM
Hornady Makes Statement. Pevear Writes Letter and Barber Repeats His Re- cent Charges
By RICHARD F. LUSSIER

That conspiracy to overthrow the commission form of government by throwing Birming gham into receiver ship is the intention of the clique" that fostered the filing of the injunc- tion proceedings by T. c. Mcdonald in the city court to prevent the issuance of $3,000.000 in bonds that were voted on favorably last Monday, is the opin- ion of every city commissioner with the exception of George B. Ward, who has a theory but is unwilling to re- lease it for publication at the present time.
 Commissioners Truss. Weatherly
 Hornady and Barber all talked free ly on the matter yesterday at the city hall and all were emphatic in their belief that the motives that prompted MT. Mcdonald in his suit of injunction was not desire to help the taxpayers but was sinister plot to place the city commission in i'll repute with the
 electorate. The three public service corporations of Birmingham were fre- quently mentioned as having at least a sympathetic interest in the destruc- tion of the commission form of gov ernment
 START ANOTHER PETITION
 On the streets it was rumored that petition was going the rounds with the object in view of recalling the en- tire city commission and returning to the aldermanic form of government
 The packers of this petitionel claim that under the Laverty bill passed by ha Ia 1ocri c1 T
 by voters representing at least per cent of the total population. according to the last federal census, will be suf- ficient to call a special election to de- eide whether the electorate shall re- tain the commission form of govern ment or return to the aldermanic form This bill was recently declared con- stitutional by the supreme court When the city commissioners were told of this move they laughed and stated that the recent elections had demonstrated what success such a movement would have. They asserted that the bond elections they had fa- vored against every effort of the cor porations and the anti-commission crowd had carried by substantial ma jorities and therefore there was lit tie consolation in store for those who sought the return of the aldermanic form of government through a special election. It was also pointed out that the Laverty bill only affected cities of a population of 35,00O or less and therefore could not be applied to Bir- min gham.
 THE LAvERTY BILL The packers of the petition in turn point out that the paragraph containing the clause in regard to population is not mentioned in the caption of the Laverty bill and therefore this law is applicable to Birmingham. Following is the cap- tion of the Naverty bill:
 NO. 699) AN ACT GIL 943-Laverty ITO provide a mode whereby cities in the state of Alabama, which shall have heretofore adopted or may hereaft fter adopted a commission form of govern ment as authorized by law, may after an election upon such question: abandon such commission form of government and return to the aldermanic form of govern ment as the same existed therein at the time of the adoption of such commission form of government"
 One section of the above act states that petition signed by voters repre- senting per cent of the population ac- cording to last federal census is suffi- cient for the calling of such a special election. Recently such a petition was brought forward in Huntsville and turned down. The case went to the supreme court, which upheld the Laverty law. l The commission, with the exception of Mir. Ward, look with suspicion on all these moves, such as the filing of two in- | junction proceedings against all three of | the bond issues on the day following a victorious campaign in which the com missioners feel they were complimented with the confidence of the people, and also on the reported petition on the streets to secure sufficient names for the | calling of a special election on the ques- | ton of whether Birmingham shall or shall not retain it's commission form of | government
 HORNADY INDIGNANT | Regarding the attitude of T. c. Mo- | Donald in filing the injunction suits yes 1 terday, Commissioner J R. Hornady
 made the following formal statement: l "The most unfortunate feature about this unwarranted litigation" stated Commissioner Hornady, lis that it will cause great and unnecessary de,aw in | (Continued on Page Nine)