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• Title: Theophilus Eugene Connor Et Al. v. State
• Author : Supreme Court of Alabama
• Release Date : January 23, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

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GOODWYN, Justice. Appellants, respondents below, were elected in 1961 to a four-year term as the three members of the Birmingham
City Commission. Appellees, petitioners below, were elected on April 2, 1963, as Mayor and Councilmen of the City of Birmingham
and took their oaths of office as such on April 15, 1963. This quo warrantor proceeding, a sequel to the declaratory judgment
proceeding in Reid v. City of Birmingham, Ala.Sup., 150 So.2d 735, was brought for the purpose of determining when the Mayor
and Councilmen take office. At an election held on November 6, 1962, pursuant to the provisions of Act No. 434, appvd. Sept. 9, 1955, Acts 1955, Vol.
II, p. 980, as amended by Act No. 1029, appvd. Sept. 9, 1961, Acts 1961, Vol. II, p. 1615, the voters of Birmingham chose
the Mayor-Council form of government for the City in place of the existing Commission form of government. (Another choice
on the ballot was the Council-Manager form provided for by Act No. 518, appvd. Sept. 3, 1953, Acts 1953, Vol. I, p. 652, as
amended by Act No. 1028, appvd. Sept. 9, 1961, Acts 1961, Vol. II, p. 1612.) Thereupon, pursuant to the provisions of Act
No. 452, appvd. Sept. 9, 1955, Acts 1955, Vol. II, p. 1004, as amended by Act No. 1030, appvd. Sept. 9, 1961, Acts 1961, Vol.
II, p. 1616, an election of a Mayor and Councilmen was called for March 5, 1963, with a runoff election to be held on April
2, 1963. As already noted, the Mayor and Councilmen were elected at the runoff election on April 2, 1963. Prior to the holding
of those elections, a declaratory judgment proceeding was instituted in the circuit court of Jefferson County to determine
the validity of the election held on November 6, 1962, which would have the effect also of determining the validity of the
elections to be held on March 5 and April 2, 1963. The trial court held the election of November 6, 1962, to be valid and
we affirmed. Reid v. City of Birmingham, Ala.Sup., 150 So.2d 735, supra. Left unanswered in that case, because not properly
presented, was the question of when the newly elected officials take office. As already noted, the proceeding now before us
was brought to determine that question. The trial court held the Mayor and Councilmen to be entitled to assume their respective
offices, and the three City Commissioners were 'prohibited from further use or usurpation or intrusion in purporting to act
as Commissioners of the City of Birmingham.' Our Conclusion is that the judgment of the trial court is due to be affirmed.

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