The Birmingham age-herald., 1904-01-19
HIGH SCHOOL SITE
 IS NOW DISCUSSED Capital Park is Regarded as a
 Desirable Location EXAMINING LEGAL POINTS Mayor Directs City Attorney to Look Into the Matter of the city's Right
 to Erect School Build
 ing in the Park.
EXAMINING LEGAL POINTS


 park. located at the head of North Twen-
 iteth street, as a site for the $200O0O high school which the school board is hoping
 to build in the near future A report
 from the city attorney is expected shortly.
 The plan to erect the high school in
 Capitol park is approved by the mayor,
 members of the city council, of the board
 of education, Dr. J. H. Phillips, superin-
 tendent of the Birmingham public schools,
 and other officials.
 It has been suggested also that in case
 the United States government decided to
 erect new federal building in Birming
 ham, which is probable, that the city au-
 thorities purchase the present government
 building and convert 1t into high school.
 Capitol park. East End park and West
 End park. all of which are located on the
 north side, were deeded to the city of Bir-
 mingham to be used for park purposes in
 1883 by the Elyton Land company, now
 the Birmingham Realty company The
 question arises now whether or not these
 parks can be used for any other purposes.
 As to Capitol Park. Mayor Drennen expresses the belief that by agreement, the city of Birmingham can dedicate at least part of Capitol
 park for a site for the new high school. He said yesterday afternoon that he had
 reasons to believe that the Birmingham
 Realty company would consent to this and
 later, when the general assembly meets, a bill giving the city of Birmingham such
 authority could be adopted His plan,
 however, is to erect the school immediate y and then have the necessary laws adopted later.
 In speaking of the matter last night, President A. l.. Fulenwider of the Bir-
 mingham Realty company said: T do not think that the Birmingham
 Realty company would object to part of
 Capitol park being used for a site for the
 new high school building. Personally l
 would be in favor of it.
 However l have heard a number re-
 gently express themselves as being of the opinion that 1t would be a good plan for the city authorities to purchase the gov ernment building, If a new one is to be
 erected, and to convert it into a high | school building"
 DSCOo lo FdFhs
 | The following Is copy of the deed | transferring to the city of Birmingham | the three plats of property for park pur- | poses
 Know all men by these presents, That l the Elyton Land company, a corporation | incorporated under the general laws of | the state of Alabama, by its president. H. | M. Caldwell. who Is duly authorized to tl.- | common seal of said corporation, for and in consideration of the sum of ninety dol l lars (s90) paid to the said company by | the mayor and aldermen of Birmingham, | Ala, municipal corporation, and for 1 other good and valuable considerations | the receipt whereof is hereby aclSnowledg | ed, does, by these presents grant, bargain. | sell and convey unto the said mayor and aldermen of Birmingham. a municipal | corporation, certain real estate, situated | in Birmingham in said county and state, | and known and designated in the plan of | said city as now surveyed and laid off, as | block twenty-one (2D, being a rectangle, | four hundred and six hundred and ten | feet; also blocks twenty nine t29, and for | ty-four (4D, each being a square four hun l dred feet on each side, all of said blocks 1 to be ornamented, kept and used as public | parks for the said city of Birmingham.
  1 this conveyance is upon the condition that | if the capitol of the state should ever be | located in the said city of Birmingham, l the said mayor and aldermen of Birming- | hm are to donate to the said state for | it's capitol building. the said block number | twenty one (2D.
 "To have and to hold the said premises,
 with all the appurtenanees thereto pe- | longing, unto the said mayor and alder | men of Birmingham its successors and as- | signs forever; and the said company will | forever warrant and defend the title to | the said premises to the said mayor and | aldermen of Birmingham, It's successors | and assigns against the unlawful claims | of all persons whomsoever.
 '1n testimony whereof the said Elyton Land company has hereunto set its sig | nature, and affixed the common seal of said corporation, by its president. the said H. M. Caldwell, this the Fist day of l February. 1883. tSigned)
 "ELYTON LAND COMPANY, | "Per IT. M. Caldwell President" The deed is certified to by A. o. Lane,
 who was register in chancery at the time. and John C. Morrow. who was then
 probate judge of Jefferson county. Proposed Bond Issue.
 l s;everal months ago an ordinance was introduced in the city council providing l for holding an election to determine | whether or not bonds should be issued | for the purpose of building high school and two elementary schools. This ordi- nance is in the hands of the Judiciary and the finance committees. and a report | is expected upon it at an early meeting | of the city council. At the introduction | of the ordinance the amount or the bond | sale was fixed at $l00,000 but inasmuch as this amount is inadequate it will be | increased to $250,00 at least when the | ordinance is put upon it's final reading. The bond sale will provide for the se- curing of funds with which to build the high school, at a probable cost of s20O.- GOO according to Mayor Drennen, and two elementary schools at a cost of $250Oo | each. It is proposed to erect one of these | elementary schouls in Drennen park at l Five Points on the South Highlands, and l the other somewhere in the vicinity of | Twelfth avenue and Twenty-seventh street north.
 According to Dr. Phillips there are at present 3Ss pupils enrolled in the high school and the space is entirely made