The Montgomery advertiser., 1903-11-07
SuburbaniteS to Contest Their Licenses. CITY FILES A SUIT J. L. Walker is Backed by
 Other Merchants. Lawyer for Defendant Declares That Act Extending Corporate Limits of Montgomery is Unconsti-
 tional-of Greatest
 Importance.

The law authorizing the extension or the corporate limits of Montgomery Is to De contested by suburban business men "ho have refused to pay city licenses
 A suit was filed in the City Court or Montgomery yesterday by hay nusn.oi' City Attorney in behalf of the city or Moit oorner to collect the municipal license or I. l.. Walker. general merchant ana liouor dealer of Boguehomme, wnich IS in the territory annexed by the Greater Montgomery act. court on grounds of the unconstitutional- ty of the act.
 If Ia understood that the Walker case, is backed by all the suburban general merchants and liquor dealers and has be- hind it prominent wholesale liquor men doing business inside the original limits
 of the city of Montgomery. The case will be heard during the De- cember call of the November term of the civil division of the City Court by Judge A. D. Sayre.
 Lee Well. attorney for the defendant
 said yesterday afternoon that while tho
 answer to the bill filed by MT. Rushton
 had not been completed he did not mind
 making public some of the grounds and means by which the Greater Montgom-
 cry bill will be attacked.
 Tn the first place." said Mir. Well, "the Constitution of 1901 provides in Section 62 that every bill introduced in the House or Senate shall be referred to a standing committee of the house in which 1t was introduced and shall be acted on by a
 majority of the committee, and that the
 journal shall bear record of this action. The journal of the House gives, on certain day of the session of the Legis- Io@ iSt of h1ls nGfdprQ6 in
 sion and reported favorably by standing committees. The Greater Montgomery bill is not on this list Near the bottom of the page, however, in brackets, is a
 note, S. Bill 191 (the Greater Montgom- cry bilD was reported without recom- l mendation.
 "When the case is called, we will enter a plea that report without recommenda- tion does not come within the provisions
 of the Constitution which requires action, favorable or unfavorable, as understand it, by the committee.
 q understand too that this bill was not acted upon by a standing committee but
 was considered by a special committee, | composed of the Senator and Represen-
 tatives of Montgomery County. If this
 is so the act could be attacked on that point but the journal bears no record to that effect. When the case Is called the
 bill may be attacked on other grounds,
 what they are am not now able to say" l Undoubtedly the case will go to the
 Alabama Supreme Court. whatever Judge
 Sayres opinion may be and final decis-
 ion would not be available before late in | December.
 Meanwhile the city has provided over
 100 arc lights for the annexed district. has | purcha sed lots for additional school build | ings and fire stations and has contracted | for the construction of some of these buildings.
 i school purposes, on account of the new
 territory and the litigation is of the ut
 most importance to it's administration of public affairs.