Joe W. Reid Et Al. v. City Birmingham Et

COLEMAN, Justice. This is an appeal by the plaintiffs in an action for declaratory judgment, rendered by the circuit court,
relating to the validity and legality of an election to change the form of government of the City of Birmingham, and relating
to the time at which the officers of the city to be elected under the changed form of city government take office. The court declared that the election held November 6, 1962, was legal and valid. In that election, the majority of votes
approved the adoption by the city of the Mayor-Council form of government provided by the 'Mayor-Council Act of 1955.' Act
No. 452, approved September 9, 1955; Acts of Alabama 1955, Vol. II, page 1004. The court further declared that Act No. 71,
approved June 18, 1959; Acts of Alabama 1959, Vol. I, page 477; 'can in no way be effective to prevent any legally elected
Mayor or Councilman from taking office under the provisions of' Act No. 434, approved September 9, 1955; Acts of Alabama 1955,
Vol. II, page 980; and Act No. 452, supra.