The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-10-14
CITY ATTORNEYS
OPINION IS GIVEN
Birmingham Has No Jurisdic-
ton at State Fair Grounds
ENSLEY WILL POLICE FAIR
Mayor Scott Says That Grounds Ars
Within Three Miles of Ensey
and Therefore Within
Its Jurisdiction.
ENSLEY WILL POLICE FAIR

The birmingham police will probably
be "hands off, at the state fair, accord
ing to a ruling of E. d. Smith, the city
attorney, and the police department OF
Ensley will look after all violators of the
law.
With A view of learning the position of
Birmingham with regards to policing the
fair grounds, Mayor Ward directed let
ter to the city attorney asking him for
the law The city attorney forwarded the
following reply, which was received yes
terday:
Birmingham October IL, 1905.
.IIon George B. Ward, Mayor, City:
Dear Sir-Answering your letter next
attached, with regard to policing the fair
grounds, I beg to advise you as follows:
The legislature In 1891 passed an act ex-
tending the police power and jurisdiction
of the city of Birmingham over to about
the fair grounds, and empowered the cor
porate authorities of said city to au-
thorize, regulate and license any business
on said fair grounds during the holding
of any fair, exposition or races that may
be authorized, regulated or licensed by
said city within the corporate limits there
Of The revenue arising from the issuance
of any such licenses not to inure to the
benefit of the city of Birmingham. but to
go as was provided by law at the time
of the passage of this act, which prob
ably meant into the county treasury.
New Charter Granted.
after this a new charter was granted
to the city of Birmingham which will be
found In the acts of 1899, p. 1891. This
granted the city police jurisdiction with
t.. ...tI Il 20 mi C
which does not. as I understand, include
the fair grounds, and did not mention
them. This last act OF the legislature,
not granting police power over the fair
grounds, 1t might be contended, and 10
contended in similar cases now before me.
that the former act was repealed by I'm
plication. This I doubt; but still there is
some room for reasonable argument on
the proposition.
IN 1900 the legislature granted a char
ter to the city of Ensley, which, in Sec
ton 8, provided that the police powers
and jurisdiction granted the city of Ems
ley may be exercised within any terri
tory of the county of jefferson within
three miles of its corporate limits. with
certain EXCEPTIONS: 1t being my under
standing that the fair grounds are within
the terms Of the grant OF power. There
is mention In this section 8 of certain ter
ritory consisting of quarantine stations
poor house, pest house. work house and
other designated property outside of the
city limits, where the police power of the
city of Ensley Is made exclusive except
for state laws. In section "a It Is provided
that all laws and parts of laws in con-
f1et with the provisions of this act be
and the same are hereby appealed"
"A reasonable construction of these
powers granted the city of Ensey seems
to me to be that the geenral police pow
ers over the territory within three miles
of the corporate limits of the city of
Ensley, except where actually embraced
in the corporate limits of some other
town. might be under the concurrent po-
lice jurisdiction of the state, of Ensley,
and of any other town or city; and the
condition of these statutes seems to me
to leave the situation open to the ruling
that where the statute granting police
power to Birmingham and the statute
granting police power to the city of Ems
ley are not in direct conflict that both
towns may exercise police power and
jurisdiction therein.
Il have not examined the police DOW
ers and regulations of the town of Ensley
to see whether they conflict with the
regulations of the city of Birmingham
take 1t that as practical proposition
In many cases there will be conflict, and
In other cases there will be none 1t
seems to be as practical proposition
since the act there are bound to be con-
nicts In Jurisdiction and power claimed.
and since II there is real conflict. the
act of Ensley is later and the charter
OF Birmingham would have to give way.
Ii seems to me that the city of Birming-
ham ought not to attempt to police the
fair grounds IL the city of Ensley will
do so.
Should Keep Hands or.
Il therefore recommend this course Of
action to you, towit mat If the city of
Ensley is willing to police the fair grounds
that the city of Birmingham refrain from
interfering. Yours truly
(sgneD "E. D. SMITH,
"City Attorney
When asked If the opinion would be
final, Mayor Ward said he thought it
would, as Birmingham had no particular
desire in going to the extra expense of
policing a place which was legally In the
jurisdiction of another city. He said Bir-
mingham would not be responsible for any
disorder that might occur at the grounds
Chief Wier said he had also received a
copy of Attorney Smiths opinion and that
he would not send policeman to the
fair grounds unless ordered to do so by
the police commission. He said that IL
will require no less than twenty men to
properly police the fair grounds day and
night.
Mayor N. w. Scott of Ensley said last
night that the Ensey police department
had been sending men out as far as the
fair grounds ever since the city was
chartered. He said that since the fair
grounds had been under construction
closer attention had been paid them and
that for the last two weeks a policeman
from Ensley had been stationed there
every day He said that Chief Suggs had
made provisions for eight uniformed men
and that more would be equipped If nee
essary. Continuing, Mayor Scott said:
I'VE are taking charge because our
charter. which was granted after the
enactment which gave Birmingham juris-
diction, repeats all other provisions with
reference to the fair grounds The juris-
diction of Ensley extends three miles be-
yond the city limits and the fair grounds
are within a three-mile limit Ensley
laws will not be considered in policing the
fair grounds The police will be instruct
ed to see that the state laws are up
held"
Fire Destroys Southern Depot.
Bamberg, s. c., October 13.-Fire to-
night destroyed the depot of the South