The Birmingham age-herald., 1921-11-06

Only One Qualified
 According to the allegations of the contestant, he was the only candl date who qualified for the office Of commissioner to succeed the success sor of the successor whose term ex- pired the first Monday in November 1915. He ayers that this office is sepaparte and apart from any other office of the board of commissioners of the city of Birmingham, and as such is recognized by the act ere ating such commission, and that the same Is a judicial office and can only be filled by the election to the spe- cific position. Any duties or attri- butes of this office, other than judi cial authority conferred. are mere in- cident and are exercised as -ex-offtcio duties and functions of that office, he alleges.
 This election is contested under the act Of the legislature providing for the government by a commission of all cities in Alabama which now have, or which may hereafter have, a population of 100000 people or more. according to the last federal census. when such cities, by an cleo tion adopt the provision of this act
 Term of office
 This act also provided for the se- lection and election of commission CTS and their term of office. fixes their powers duties and compensa- tions to punish improper conduct tn connection with the election of the commi issioners.
 In the opinion of several local at- torneys, If MT Street wins the yuit the result will be that the asso ,iase commissioner having the lowest vote will be forced out and MT. Street will be placed in office with MT. Cloe, Mir Harrison and Mrs. Echols, and MT. Dickson, who received the lowest number of votes. will lose his place as commissioner.
 Sections Is and 16 of the act under which this contest suit was brought are as follows:
 Legislative Act
 'In every city which shall become organized according to the provisions of this act ,any person desiring to be- come candidate at any election for the office of president of the commits sion, or commissioner may become such candidate by filing in the office of the judge of probate of the county in which such city is situated sta-c- ment in writing of such candidacy, accompanied by an affidavit taken and certified by such judge of pro bate. or by notary public. that such person is dutly qualified to hold the office for which he desires 10 be- come a candidate. Such statement shall be filed at least 2t days before the day set for such election, ana shall be in substantially the follow ing form: State of Alabama, - county, I, the undersigned, being first pd that a citizen of the city of ----------- In said state and county, and reside at -- in said city; that l desire to become a candidate for the offica Of -- in said city for the term of years at the election for said office to be held on the - day of october next; that I am duly qualified to hold said office if elected thereto. and I hereby re- quest that my name be printed upon the official ballot of said election.
 Said statement shall be accompa- nied by petition signed by at least 200 persons. who shall be qualified to vote at said election, requesting that such person become candidate for said office at said election. The sign CTS to said petition shall set forth their names in full. and their resi- dence addresses. At every such elec- tion all ballots to be used by voters shall be printed and prepared by the election commission and at the ex- pense of said city. and shall contain the names of all candidates placed in alphabetical order directly under meath the words For President of the Commission and For Commits sioner,' as the case may be. No name shall appear upon said ballot as a candidate for election except he names of such persons as have be- come candidates according to provi- sions as above set forth: no ballot shall be used at any such election except the official ballot prepared ty the election commission"