The Birmingham age-herald., 1905-02-14
TUXEDO CASE IS
 AGAIN ID TIE FORE
Citizens Refused to Pay License
 to EnSIey
CASE WILL BE APPEALED
AIdcrmanlc Contest In the Fourth Ward In Ensley Today Promises to Be lnterestine-other
 Ensley News.

Ensley. February 1S.-(speeal)-Th first steps to test the eonstitutlonality of the act. annexing Tuxedo to Ensley was commenced today in the police court.
 Young & Freeman contractors of Tuxedo, had been summoned by City Tax Collector Fonyille to appear be- fore the mayor for doing business without license. When the case was called Att torney J. F. Webb made motion that the case be set aside on grounds that the Tuxedo act was invalid Mayor Scott overruled the motion and an appeal was taken to the Birmingham court
 For several weeks a number of Tuxedo citizens have been considering the in stituting of proceedings to test the Tuxedo act. During the past few weeks, however, nearly ali of the citizens in that part of the city have paid their licenses and taxes and 1t was thought that the matter would not be carried to the courts and it caused considerable sur prise today when the question was sprung n the police court. Without going into the legality of the bill the mayor im- posed a fine of S10 each on the con- tractors.
 It is stated now that the Tuxedo act will be carried to the supreme court re- gardless of what the decision of the lower courts may be.
 MT. Webb, the attorney of the Tuxedo citizens, states that the bill will be at tackled on several grounds. The chief ones will he under section JOG of the new constitution, provldig for the ad- vertisement of local aets subdivision 15 of section 104 which provides that the legislature shall pass no act regulating the assessment or collection of taxes.
 It is probable that subdivision IS of section 104 will be the point on which the supreme court will be called upon to de- eide.
 This sections reads "The legislature shall not pass a special, private or local law, amending, confirming or extending the charter of any private municipal cor poration or remittng the forfeiture there of; provided, this shall not prohibit the legislature from altering or re-arranging the boundaries of a city, ,own or village. The last clause of this subdivision per taining to the altering and re-arrnging the boundaries of city will probably be the point on which both sides will base their contentious
 Election Tomorrow.
 
 On account of the aldermanic contest in the Fourth ward the oty eeletion to- morrow for the purpose of eleeting Mayor and Board of Aldermen will be an inter esting one. The candidates in this ward, from which two aldermen will have to be eleceted. arc W. l.. Settle, J. r. Gull pepper and George Byrum.
 As MT. Settle was a candidate on the Scott ticket and received a majority in the first primary but WAS forced 10 run again on account of MT Culpeper and MT. Byrum tieing in the second primary. his election is generally conceded. The race it is predicted, will be between MT. Culpeper and MT. Byrum, who have twice before contested for aldermanic honors
 The polls will open at a. m. and close at D. m As only about tO voters paid their poll taxes this year the vote will naturally be a light one
 poIice Court Busy.
 The police docket this morning was a heavy one. Fifteen cases were called be- fore Mayor Scott, and the fines imposed ranged from S5 to s30.