The Birmingham age-herald., 1917-01-31
MONTGOMERY AND
 TRACTION QUARREL
 BECOMES ACUTE
City Government Gives the Street Car Company Ten Days to Begin Tear
 ing Up Tracks

Montgomery, January 90.-(Special) ) The controversy between the city com mission and the Alabama Traction com- pany over the right of the company to use the city's streets on Lee street for it's tracks reached a critical stage Tues day when the commission gave the com pany 10 days in which to begin the work of tearing up the tracks The commits sion did not say what it would do if the company failed to carry out the order, but the one alternative is for the com mission to tear up the tracks with city labor,
 The Alabama Traction company obtain ed a franchise to operate on the city streets several years ago and constructed about four blocks of track on Lee street. No further work was done, and no cars were operated. From time to time the company has been granted extensions, but the commission recently decided that further extensions would not be gwen.
 Charles C.. Abercrombie, president of the company, believes the tracks can be completed and cars operated as soon as conditions brought on by the war inn prove and more money can be obtained to finance the work. First delays in the work resulted from a legal controversy as to the right of the company to use tracks of the Montgomery Light and Traction company on Dexter avenue. Aft CT fighting the case through the supreme court the Alabama Traction company lost. An effort now is being made to obtain compromise
 Montgomery, January 30.-(Special.) Madison county attorneys Tuesday called upon the supreme court to interpret sec- tion 15S of the state constitution and to determine whether Thomas w. Jones, elected in November, or Archie McDon- nell, appointed by the governor to fill an unexpired term, shall be probate judge of Madison county during the time in- tervening between January 15, and the general election of 1918. The decision will be important in this state in the future as it will say whether judicial officer named by the governor within six months of general election shall serve only until the general election or until the general election two years later. U
 McDonnelPs contention is that he is probate judge of Madison county until 1918, while Jones contends that he was named only to serve the unexpired term of w. T. Lawler and that this term ex- pired January 15.
 Section 15S of the constitution which furnished the basis for the suit follows: Vacancies in the office of any of the justices of the supreme court or judges who hold office by election or chancel- lors of this state shall be filled by ap- pointment by the governor. The ap- pontee shall hold his office until the next general election for any state of ficer held at least six months after the vacancy occurs and until his successor is elected and qualified; the successor chosen at such election shall hold office for the uneXpired term and until his successor is elected and qualified.
 Attorneys for Jones are relying on the contention that Mcdonnell ceased to hold the office when Lawlers term expired, that the governors appointment could be made only for the ,unexpired term and that the constitution intended that the appointee of the governor named within six months of the election should serve only during the unexpired term of the person who vacated the office.
 Because of the question involved, the case will become a preferred one and will be decided by the supreme court as soon as possible. Mcdonnell lost his case in the lower court and made a bond which will indemnify Jones for all loss in the event Jones is victorious in the supreme court.