The Montgomery advertiser., 1905-12-20
RAY ANNETTE WINS IN LONG
 DRAWN-OUT COURT HOUSE FIGHT

was an adverse decision of the su- preme Court.
 The Decision is Final.
 The decision rendered yesterday af- ter all is but an upholding of the main declaration of Justice ]. R. Tyson. Jss- tice Tyson wrote the opinion on the appeal during 1904. Then. as in the appeal of this year. it was contendsd by counsel for Daphne. that the law had not been complied with by the courthouse commissioners before build ing the courthouse and jail at Bay Minette. The special act of the Legis- lature, approved February 5, 1901, per manentiy established Bay Minette as the county seat Several things were required of the courthouse commits sioners named in the act precedent 10 the erection of the desired buildings. Among these was they should ascertain if sufficient money could be raised by the county to build the structures without increasing the rate Of taxation then in existence.
 The Daphne sympathizers contended that the money had to be raised during 1901. the then current year, without the increase of the tax rate. AS a. matter of fact, the financial arrangements for the buildings involved funds that were to be raised in subsequent years. This has been done without increasing the tax rate, and Justice Simpson main tained, as did Justice Tyson before him that this was compliance with the law. It was not contemplated by tho special act that the money had to be raised in 1901. This was where the Supreme Court and the Daphne contia- gent have essentially differed.
 The other. conditions imposed upon the courthouse commissioners were
 that they should guarantee solvent subscriptions to the amount of at least 5000. and procure site for the buiid- ings. They were also to let the con tract on or before April l. or. rather, recommend the letting to the court Jf County Commissioners. The Supreme Court again asserts that these various things have been performed.
 "Section 6 simply directs the Com missioners' Court at its February term to ascertain and certify to the Board of County Commissioners what amount of money the county can con tribute during the year 1901 without increasing the tax of said county says the opinion of Justice Simpson in be- ginning an analysis of the provisions of the legislative act
 Language of the Court.
 Tt does not give any intimatior NO~N 1t suggest that this Is all that the county is ever to appropriate to the building of the court house. The on ly restriction Is that the amount so ap' propriated shall not necessitate thu raising of the tax rate, which really could not be done during that year a: the rate had already been fixed Il the Legislature had, intended that nc more money should be appropriated by the county, it would have been very easy and natural to have simply stated that if the other amounts raised to- gether with the amount thus appropri ated by the county were not sufficien | to pay for the buildings the act wal not to go into effect. It does not dt so, but goes on in Section to pro 1 vide that the county shall pay all th' expenses of removal and building, pro vided, not that the amounts so ap propriated, with other funds, shall b' sufficient, but that tho amount neces sary is on hand, or can be raised b!
 said county without increasing the ta' l rate
 Tt is evident that at the time O building. the amount contributed il 1901 would be already on hand s' that the reference to what can b'