The age-herald., 1899-05-26
One Purpose of the New Board
 of Trade BEFORE THE SUPREME COURT Will First Be Filed In One of City
 Courts. MIR. THOMAS MAKES A STATEMENT He, With Other Merchants, Will Garry it to the Courts-London Says Prop osition Has Been Taken at Wrong End.
MIR. THOMAS MAKES A STATEMENT

Within the next few days a case will have been formulated and filed for suit in the circuit court of Jefferson county or the city court of Birmingham by which the Birmingham amendment will be taken to tho supreme court and decided This court will remain in session for Q month longer, perhaps, and 1t is the desire of those who are to push the. case that it be argued before that tribunal and decision rendered before the court adjourns.
 This statement was authorized yesterday by Charles D. Thomas, of the May & Thomas Hardware company, who, with a number of the other merchants of the city are going to take the case into court.
 'I am sorry that my name was put down as the leader of this movement" said Mr. Thomas, flor it Is no more a case of mine than it is of number of other business men of the city. We have simply agreed to mako up a purse for the purpose of testing the constitutionality of the Bir- mingham amendment. It will not be q legal battle in the usual sense of the word, but simply the presenting of arguments pro and con, and a final decision by the su- preme court"
 Case Will Simply Ee Argued
 "No attorneys have been employed to represent us yet, nor has the merchant been selected in whose name the suit will be brought. Of course I cannot say either just what the legal nature of the case Will be. There is no evidence to be taken, how ever, and our attorneys and those who are to represent the city will simply argue be- fore one of the judges of the city or tho circuit courts, and the side against whom he decides will immediately appeal tho case to the supreme court. I think we could make arrangements to have de- cision rendered in this case before the su- preme court adjourns
 "The real estate men have been saying that they intended fighting the extra tax which the Birmingham amendment calls for when demand is made for real estate taxes next October. As it happens, the merchants tax or tax on the stocks which the merchants carry, became de- linquent on May 1, and the city is accord ingly enforcing collection of this tax d. ready. It is double the amount it mas been in previous years, and we merchants feel that if there is to be 8 fight against the amendment made by the real estate men later that we might as well have the ques- ton settled at once I think that if the ques tion is to come ug1 at all, the city itself would like to have it decided as soon as possible.
 ''I understand that all the merchants on whom demand is made for the merchants nd ba tay under protest. By this is meant that the merchant pays all that is demanded of him by the city, and at the same time takes q receipt from the city treasurer that the money was paid unwilingly, and it will be held in the treasury until certain legal proceedings which are pending are finally settled. Then the treasurer is to return the money to the taxpayer, or make it over to the city treasury, according to the manner in which the case Is decided"
 Alex T. Londons Views
 Below is given another opinion of the Birmingham amendment, viewed from tho standpoint of a merchant, and yet in an entirely different manner from the major ity of the merchants of the city. It is the opinion of Alex T. London, president of the Birmingham Traretion company:
 q returned home this morning. said MT. London, and was pleased to See in your issue of today that the merchants of this city had organized board Of trade It is incomprehensfble to me how these merchants should oppose the Birmingham amendment, in face of the facts shown by the mayors annual re- port that the license taxes for 1898 were S94 920, and the real and personal taxes were only $70, ,105.9.
 ''Is it possible that that board of trade desires the revenue of the city to be derived from the taxes upon energy and business capacity? In my humble opin- ion, nothing has done moro to keep this city back than the fact that business
 enterprise has been taxed to sustain It, while the property has really borne no fair share of the public burdens. Ut is a matter of indifference to me, personally, whether the Birmingham amendment is adopted or not. but as citizen of Birmingham I feel very deep interest in it, because I see in 1t the hope that business enterprise and intelligence will not be burdened to the extent of prohibition, and with all due respect to the board of trade, it seems to me that they have taken the propo- sitiOn at the wrong end'