The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-03-08

1t is law which comes under the exception
of General Revenue Bills" and that it is,
therefore, valid law. Its very name, it Is
argued, Indicates that it is a body organ
lied for the purpose of raising revenue for
the county.
Goes Much Further
The deposed county commissioners, how
ever, will contend that while in one sense
it comes under the head of revenue bills,
that 1t goes much further than that. 1t
provides for the inspection of roads and a
number of other details of the county gov
eminent which require large expenditure
of revenue rather than the raising of
money. revenue bill in the latter sense,
the commissioners argue, is the kind of bill
which is excepted in the constitution.
Ever since Governor Johnston won the
fight against the commissioners it has been
known that the latter would fight the bill
in the courts, denying its constitutionalty.
The popular idea seems to have been that
there was some provision in the constitu-
ton which prohibited the legislation of men
out of office without trial by jury. but
this seems not to be the case.
Outsiders the Figureheads
AS was stated in yesterdays Age-Herald,
the fight has now been gotten into the
courts, with neither the county commission
ers or the board of revenue appearing as
the parties Roberts G. Son and Kenneth
F. Hawkins, the county treasurer, are the
figure heads, so to speak, in the case. the
former representing the board of revenue
and the latter the commissioners. The 9TH
err day, 1t will be remembered, Roberts &
Son received. from the new board of reve-
nue. warrant on the county treasurer Or
dering him to pay certain amount OF
money. Mr.. Hawkins refused, and Roberts
& Son Immediately had writ issued by
Judge Wilkerson summoning Mr.. Hawkins
to appear before him and show cause why
he did not pay the warrant issued by the
board of revenue.
Cabaniss G. Weakley, the attorneys for
the board of revenue, will represent Roberts
& Son, and Head & Wood and Bowman G.
Harsh, the commissioners attorneys, will
represent Mr.. Hawkins. 1t is said that there
are a number of other prominent legal
firms in the city who are doing all they can
to assist the commissioners attorneys
lust for the love of the thing" and several
large consultations have been held already.
The hear ng before Judge Wilkerson is fix
ed for next Saturday, though there is no
telling how long it will continue. OF course
there are no witnesses to examine or any
thing of that sort, and the. fight will be
purely one between the lawyers They will
submit the laws and decisions on the ques-
ton, and each one make his argument. No
one doubts that the side against whom
Judge Wilkerson decides will appeal the
case to the supreme court at once.
Have Adjourned Until April
In the meantime the board of revenue af-
ter meeting and perfecting their organlza-
ton, have adjourned until the first Monday
in April unless sooner called together by
their president. President Paul H. Earle
stated yesterday afternoon that nearly all
of the countys business was being post
poned until after the case was decided He
did not know of any more warrants that
would have to be signed by the board of
revenue, but if any case should arise ne
cessitating the making of warrants the
board would issue them, even though Mr..
Hawkins had expressed his intention not to
pay any Of them until the case was de-
cided.