The Birmingham age-herald., 1903-10-01
The Greater Birmingham Meas
 ure Is Now Dead
SENATOR MORROW POSITION
He Points Out Unconstitutional Fea- lures of the Bill and His General Policy In Opposing lt-Ex-
 haustve Interview.

The Greater Birmingham bill, which passed the house last week, will not be called up in the senate. The Age-Her- aids Montgomery correspondent inter viewed Senator Morrow yesterday on this measure.
 "The bill known as the Greater Bir- mingham bill, in my opinion" said Mir Morrow, will not accomplish the objects intended for 1t by its friends. Nor do l believe it possible under our new consti- tuition to enact by local or special law any valid law that would be satisfactory. 'The constitution (sec 104 subdivision 19 declares that the legislature shall not pass a special, private or local law amending, confirming or extending the charter of any private municipal corpor- ation, or remitting the forfeiture thereof; provided this shall not prohibit the leg islature from altering or re-arranging the boundaries of the city, town or village
 Constitutional Point.
 My contention is that under the above section of the constitution Birmingham could only alter or re-arrange it's bound- aries by the local or special law which passed the house, and that every other part of the bill which seeks to confer up- on it the authority to assume the indebt- edness of the municipal suburbs, the ere
 
 sentation in the governing body, and oth- CT provisions contained in sections s, g and 10 of the bill are unconstitutional and void as violatlve of section 104, sub division IS, of the constitution, in that it thereby seeks to amend or extend a mu- nicipal charter It seems clear to my mind that to confer the right on the city of Birmingham to assume the indebted ness of another municipality would be in effect amending or extending it's charter It could not with any show of reason, be contended that the city charter now au- thorizes Birmingham to do so. Likewise 1t follows that none of the suburbs could have representation In the governing body because the present city charter of Birmingham defines the number of wards giving the boundary of each and also fixes the number of aldermen. These wards could not be increased, neither could the number of aldermen be increas- ed by the local or special bill which has passed the house.
 The Provisions.
 Tt will be interesting to note that sec ton 10 of the bill provides that the land and Improvements thereon (of the valuo as assessed for taxes of S25000 or more) constituting an industrial plant, may not be annexed to the city of Birmingham without the consent of the owner of sucb
  ever, that the quarters of the employees of such plant may be annexed without the consent of such owner.
 The bill proposes to annex two kinds or classes of territory.
 First Lands not now situated in any municipality, which can be annexed on the unanimous consent of the owners of the land, or by majority vote of the qualified electors upon petition of 25 per cent said wal ntats1
 Second. The territory now comprised within the limits of Avondale, Woodlawn and East Lake which can be annexed by majority of the qualified electors of each town in separate election held for that purpose by each of said towns North Birmingham and West End.
 Tt will be noticed that under the bill neither North Birmingham, nor West End can be annexed. These towns are expressly left out of the bill because the description in the notice publishing the purpose of the bill in setting forth the property described line which cut them half in two. Under such a notice the whole of said towns could not be included in the bill without violating the constitu- tion' and It was deemed inadvlsable to take half of each of said towns on ac- count of the bonded indebtedness.
 The territory described in the bill may generally be mentioned as all the land around Birmingham bounded on the west by the western limits of West End, on the south by the crest of Red mountain on the east by the eastern limits of East Lake and on the north by the north line of North Birmingham In the above de- scription is included East Birmingham, Smithfield, Owenton, etc, and the oases that would be created by section 10 And it would be well to mention that l am ln- formed it cuts Howard college In two and divides the Woodlawn cemetery.
 Appeals to Kill Bill.
 'T have had more appeals 10 kill the bill than to pass it. Some business men, whose opinion I respect argue that to pass the bill will have the effect of forc- ing industrial plants to Ensley and Bes- semer and perhaps out of the district, ad- hitting that while they cannot be taken in under this bill if they have invested s25, ,000, yet the probability of being taken in sooner or later will force then to get as far away as possible.
 "The main argument in favor of 1t seems to be a sentiment to have the cen- sus show a large population for Birming- ham. When the provisions of the bill are fully understood I believe that the ardent advocates of the bill will agree that the proposition narrows itself down