The Birmingham age-herald., 1923-07-22
GRAY TOCHECk NEW PETITION BY ! J ESDAY
Commission Must Pass Law Sought By Jitney Men Im- mediateIy Or Refer Subject to Election Body For Vote SUPREME COURT HALTS INJUNCTION UNTIL FALL City Commission Has All Along Expressed Hope That People Have Opportunity To Express Themselves

Nero fiddling while Rome burned will have nothing on l.. E. Gray. secretary to the city commission, and members of the commission, at the board meeting Tuesday morning.
 While jitney operators of Bir- mtngham continue to carry passen- gers as usual, under protection of the temporary injunction restraining the city from enforcement of the set clement ordinance with the Birming ham Railway Light and Power com pany, reinstated Friday by Judge Lu- cien D. Gardner of the Alabama su- preme court, MT. Gray must check the petitions calling for an initiative election which will settle the ques- tion and the board must act when he reports, under the five -commis- sioner act.
 The law requires that the clerk of the city commission check the pe- tition and ascertain whether 1t IS signed by the required number of qualified electors within seven days from it's filing. The petition was filed Tuesday morning.. If found signed by 1,500 qualified voters. the clerk must submit the Jitney ordi- nance which heads the petition to the commission Tuesday morning. If he finds the petition insufficient, the iitney operators have ten days within which to file an amendment making the petition sufficient, after notification by the secretary of the board.
 Must Pass Or Adopt.
 After Mir Gray submits the ordi- nance to the commission, the board must either pass and adopt the mea- sure without alteration, within zo days, or immediately transmit the papers and petition to the election commission, which shall call spec ial election. The ordinance is to be submitted at this election. to be called within not less than 30 nor more than 40 days, it is understood.
 Expressions of city commission members since the inception of the fight to save the jitneys in Birming- ham have been that an election would be welcomed. Also, since the ordinance being fought was adopted without pressure rom the people, there is faint Likelihood that the commission will reverse itself so soon by adopting the ordinance pro posed by the jitney operators ana their supporters.
 The state supreme court recon venes the second week in Novem- Der The orinance which will De submitted at the special election pro vides for the repeal of the settlement ordinance. If the voters o5 D mingham approve the proposed mea- sure, action by the supreme court 1,iii he sunerficial by the time the Tn niunction proceedings are heard, ac- cording to attorneys here.
 Incidentally, though passage of the ordinance is regarded as rather GoTbtful event, it would mark an enoch in the history of commission epocn o I,,o,t I.i in Rirn1ingham. The citizens have never before oNer-rlu- den the commission by passing an ordinance over the boards head'
 w. J. Wynn, city attorney satur- day morning said the fate or t~he ~ settlement ordinance was III +i,at tn hands of the supreme court ana tIa' action by that body was not app%r- ent in the near future.
 c 0 O
 Checking Progresses SLOWLY
 Checking of the petitions by MT Gray is progressing so SONY bied 'nne fo cnmnIete the task within the tune nregrribed by the five-commisslon act He said Saturday that less man 700 names have been passed on' o,,t of !. GOO. However, the law says tbat as soon as 1,500 qualified voters are checked, the petition is complete.
 Checking is difficult. according to Nr. Gray, because the election com missioner has just completed regis tration of 2,500 new voters, the new roll lists have not been made out
  acainst the card index system which contains the entire voting list of the county.
 Status of jitney drivers who have their licenses is now being discuss ed in legal circles. The general opinion is that they may resume op- erations by remitting to the city comptrollers department the refund received when they stopped work
 Provisions of the settlement ordi- nance which provided for purchase of new equipment. paving work and several hundred street lights are nec- essarily held up pending the su- prerne court decision, and, earlier, and more directly affecting the situ- atiop .AA election, provided the petl- ton is made sufficient There is little doubt among the jitney men that 1t will not be sufficient, or, il not now complete, they anticipate no difficulty in obtaining the addition al nAmas needed.