The Birmingham age-herald., 1905-02-02
SURVEY FOR CANAL
 MAY BE DELAYED
County Treasurer Will Decline
 to Pay the Warrants
COURTS TO DECIDE MAI TER
Board of Revenue Favors Appropriate ing for Survey, But Treasurer Says He Has No Authority for Pay
 ing Out the Money.

Although every member of the Board of Revenue Of Jefferson county is said to be in favor of making the $2500 appropri- ation for the preliminary survey of the proposed canal from the Little Warrior river to the Birmingham district, the county treasurer will likely refuse to honor the warrants when they are pre- sented for payment
 It will be recalled that the delega- ton of fifteen citizens of the district, headed by Rufus N. Rhodes, the chair man recently appeared before the Board of Revenue and asked for $2500 for the purpose of making the preliminary sur vey of canal Action in tie matter, how ever, was deferred by t..e board. County Treasurer H. Clanton Miller has notified the Board of Revenue now that he did not think he had the authority to honor the warrants in payment of the cost for the work. MT. Miller has asked an at torney for an opinion on the natter and it is understood that he was advised not to pay the warrants.
 Treasurer's Position.
 q notified the members of the Board of Revenue sever1l days ago that 1 did not think l had authority to honor the warrants for the preliminary survey said County Treasurer Miller yesterday afternoon. q have taken the matter up with an attorney and he seems to be of the opinion that I am right in the posi- tion I take. My attorneys are Sharpe & Miller. but I secured the services of another attorney whose name l do not care to give at this time for this legal advice.
 q am not trying to retard any steps looking towards the advancement of the Birmingham district, but l feel as if it is my duty to act in the way l have in- dicated Of course the matter can be test ed in the courts, and this will be done probably.
 Matter Will Be Tested.
 q have been advised that Judge John H. Miller, the attorney for the Board of Revenue. has given an opinion that the board was without authority to make the appropriation. I was informed today by w. P. G. Harding that the case would be tested"
 "Every member of the Board of Rev enue will vote in favor of the appropria- ton when the matter goes 10 a vote said Hugh McGeever, a member of the Board of Revenue. "Of course we do not. nor could not. blame MT Miller for the stand he has taken. He is actins in the line of his duty as he sees it. It has been suggested that after the appropriation be made that warrant for s25 be drawn and the test case made on that.
 "We should not wait two years to build this canal. It will be a great thing for Birmingham and the entire district, ana the members of the Board of Revenue ap- preciate that fact. As l stated in the meeting at the Commercial club recently, however, I do not think the Board of Revenue has the legal right to make an appropriation. but a similar appropria- ton was made for the preliminary sur vey of the Jefferson county sanitary sewer several years ago, and there was no trouble over the matter in the least
 We appropriated $500 for Vulcan and a bond was made to endemnfy County Treasurer Henry B. Gray against a per- sonal liability. and there was no trouble about it.