Birmingham state herald., 1897-02-20

paid the school tax. as usual, without protest, but very many paid under pro- test thereby giving notice of their re- served right to sue to recover amounts paid. while many other refused to pay
 The tax collector feared to make any disposition of tho money col1ected and WIS threatened with multiplicity of suits, and other complications. The Southern railway did not refuse to pay the tax. but preferred to wait on the action of other citizens, until il became evident that many would not pay, and finally, after several friendly eonversa- tions with the tax collector and his att torney, Mr E. K. Campbell. in order to arrive at some conclusion as to what was best to be done, it was agreed that the best thing to be done, for the public schools, the tax payers and the tax col lector, was to have instituted a friendly suit in the name of the state of Alabama to settle the law. The Southern con- scented to be the defendant in the case, and 1t was agreed that the suit should question again submitted to Judge Sharpe without delay, and that an appeal should be taken from his decision in sgf- ficient time, if possible to get decision from the supreme court before the adj journment of the legislature. This pro- gramme was carried out. Judge Sharpe again decided the law to be unconstitu- tional, and the appeal was taken and liit Is iiOW WILL tue SuDTtIlt but the case could not be submitted to the supreme court, because the court would not allow it to be submitted. ex- cept during the regular cal of eases from this division, which will not be until next April
 This friendly arrangement was pub lished at the time in both the State Her aad and the Evening News. at the in- stance of MT. Campbell and the attorneys for the Southern; and was explained to Dr. Phillips by me in personal interview with him on the morning the decision of the case against the Southern was rem dered, which interview was had on the sidewalk nearly in front of the Berney National bank. I understood Dr. Phil lips to say in that interview. in response to my statements made to him for the express purpose of explaining why the suit was brought, that he did not blame the Southern railway; that the law might as well be settled, and instead that he thought it would be best for everybody to refuse to pay the tax. so that the schools would have to close up, and the citizens could then realize their loss, and go to work to effect a substantial and per manent remedy. The legislature was then about to convene again after it's holiday recess. and doubtless the doctor thought that a constitutional convention would be called which would afford the means for applying such a remedy.
 In view of all these facts, I was sur prised and pained on reading the doctors card in the paper yesterday morning. Surprised. because I thought the doctor knew the facts, and had sinned against knowledge; pained because the doctor is so intelligent and broad minded that I could scarcely bring myself to believe that he, of all men I knew, would suffer himself to fall into the easy, vulgar way of obtaining relief from painful sanse- tions by cursing the corporations
 Now, if the doctor wishes to know the truth, and I doubt 1t not, I urge him, before he utters another word on this subject. to call on the tax collector. Mai Francis, and also on Mir E. K. Campbell, his attorney, who will, believe, give him such information about this matter that he will voluntarily publish another card withdrawing the unjust charge he has made to the world.
 JAMES WEATHERLY.