The Montgomery advertiser., 1905-12-20

raised by said county must refer to the future. indicating that the county was to raise other sums in the future. the only limit being that it must pot necessitats an increase in the tax rate.
 With the COmmissioners.
 Then Section 10 places the entire matter in the hands of the Courthouse Commissioners and provides that, with the exception of the preliminary mat ters committed to them. the act shall not take effect until 1t Is ascertained by them that the amount to be paid by the county, in addition to the other sums to be used, will not require an increase-~of the present tax rate Of said county to pay the same.
 This cannot possibly refer to the amount contributed by the county in 1901. for that would be already raised and paid by the commissioners, and not to be raised and in raising 1t the county commissioners would have already ascertained that it could be The duty as to that amount was placed on the county commissioners, not on the courthouse commissioners. It would be meaningless then to require the courthouse commissioners to ascer- tain whether the payment of that amount by the county would necessi- tate an increase of the tax rate.
 
 of the sections of the act, 1t Is evident that the courthouse commissioners were to ascertain what the buildings would cost, whether they could so arr range the payments for the same that portion of the money could be paid in yearly installments. then. by con- ference with the county commissioners. what amounts they could contribute annually, without necessitating an in- crease of the tax rate, and if. by utfliz- ing those payments. with other funds on hand, the building could be erected, they were to proceed with the erection of the same.
 What Judge Tyson Said.
 ''As said by Justice Tyson, in his dissenting opinion GAO Ala, 560), the whole context of the act shows that that the new courthouse and jail would or could be built with the county con tribution limited to what the taxes Of 1901 would enable the court of county commissioners to contribute. The sim gle purpose of the legislative restric- ton was that the object should be accomplished without the necessity of increasing the then tax rates. And the nature of the undertaking and the words of tho statute show that the use of taxes for future years at the same tax rate was contemplated Then concluding his opinion. Justice Simpson gives the county seat to Bay Minette as follows:
 Tt is shown, from the evidence in the case that said courthouse commits sioners have legally and properly as- certained the facts necessary to make the act effectuaL and have properly pro- ceeded in accordance with the powers conferred upon them. to have the buildings referred to in the said act, erected. The cases of Hand ct al vs Stapleton, 135 Ala. 161, and the same case in 140 Ala. 560, insofar as they conflict with this opinion, are over- ruled.
 "A decree will be here rendered re- versing the decree of the chancery court, dissolving the injunction hereto fore granted and dismissing the bill. No Aliusion to Trouble.
 | The decision does not allude at all to the recent events in Baldwin county which stirred the two factions greater than they have been since private par. ties of Bay Minette captured the court | house records in the stiffness of night and hauled them cross country to then favored spot. Since that night Bay Minette has had continued possession of the records. The recent happening: | referred to were the attempts of Judge | Samuel 5. Browne. of the Thirteenth Judicial Circuit, to hold court al l Daphne. The decree of Chancellor Thomas H. Smith, of the Southwestern | Division, pointing to Daphne as tho county seat was followed by Judge Browne and when Sheriff J. M. Arm