The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-09-20
SMITH REPORTS ON
THE PROPOSED BILL
Does Not Favor Smyer'S Greater
Birmingham Measure
GIVES HIS REASONS
City Attorney Smith Submits Some In
terestine Data and Opinions On
the Question of EnIaraine
the City Limits.

City Attorney Ed D. Smith has written
a letter to the Mayor and Aldermen re-
garding the matter of a Greater Birming-
ham measure. making certain recommen-
dations and suggestions. He has attached
thereto a memorandum of q. j. Singers
Greater Birmingham bill which was pub
lished and discussed In mass meeting sew
eral weeks ago.
Following is a copy of Mr.. Smiths let
ter and the memorandum presented by AL
derman John W. ONenl to the council
at its meeting last night:
September 49, 1906.
Board of Mayor and Aldermen of Bir-
mingham, Birmingham, Ala
Gentlemen: Some time since l was in
structed to draft bill in regard to
Greater Birmingham.
l saw in the newspapers that Mr.. Smyer
had presented a Greater Birmingham bill
to the Commercial club, and that the
same was being used as a basis of discus
sion in the community in regard to the
Greater Birmingham movement. l pro-
cured a copy of this bill and went over
1t carefully, and l herewith attach a men,
orandum of my views in regard to it.
The Objections.
| Personally l do not favor 1t for the
reasons stated in my memorandum, which
are briefly that 1t will probably lead to
discrimination in taxation, and 1t will split
the city up into taxing and non-taxing
districts, over some of which the city gov
! eminent will have complete Jurisdiction,
and over others only partial, and also, l
am doubtful as to the validity of some of
its principal provisions.
My own judgment is that so far as the
city Of Birmingham Is concerned we
ought not to seek legislation with any con-
ditions and qualifications contained in it.
! The Greater Birmingham idea, as l UNDER
stand 1t, Is founded upon two things; the
frst Is that we want at the next federal
census to obtain the benefit of a rating
more nearly in accord with the true great
ness of our city, than that which the 1900
census gave us; the second and more i'm
portant Is that with the settlement of this
valley 1t Is of ever increasing Importance
that the sanitary and police powers be
centralized so that the health, good or
der and good morals of this thickly settled
community can be preserved, and the gov
eminent can keep pace with the needs
of the citizens
| | believe that all of these ends can be
subserved by the passage of a bill in the
legislature enlarging the limits of the city
| or birmingham, to go into effect abso-
lutely on the first day of January, 1910.
This ought to meet the views of the UNI
incorporated territory and of some of the
smaller municipalities, which should be in
cluded in Greater Birmingham, who OBJ
ject to coming into the city at this time
on account of the fact that they have
not yet built up sufficiently and are not
| In nj In att
| If the matter is left to elections of the
people of the various communities pro-
posed to be taken in, it would be inn
probable that the city will be properly
rounded out for a number of years, and
it is probable that the health and good
order of the community may be jeapor-
/ died
Wants Two Descriptions.
recommend that the city engineer be
| instructed to draft two descriptions OF
enlarged city limits; the first, In addition
to the present city limits, to include that
territory outside Of the city Immediately
contiguous thereto which 1t is absolutely
| necessary at this time to incorporate in
the city limits as for instance, Glen Iris,
Idlewld, Green Springs Addition, etc. The
second to include all of that territory
which naturally and logically should be-
long to the city of Birmingham on the
| first day of January, 1910.
I further recommend that I, as city at.
torney, be instructed to draft bill provd-
ing for the extension by the legislature Of
the city limits to the limits described in
the first BILL as early as practicable; and
another bill extending the city limits to
the limits described In the second descrp-
ton to be drawn by the city engineer, to
take effect the first day of January, 1910.
and that this board advocate the passage
| by the next Legislature without conditions
or qualifications.
| l have heard it objected that the mere
| extension of the city limits will not pro-
vide for adequate representation on the
board for additional police courts, for the
assumption of bonds by the city. etc, with
| reference to other municipalities which
may be taken in in the Greater Birming-
ham bill. This may be true, and I am
| inclined to think is true. but the general
municipal bill, which will no doubt be
passed at the next legislature, will pro-
vide for all of this, and, of 1t does not,
| general bill applicable to cities and towns
| of this class should be prepared under the
direction of this board and submitted 10
| the legislature providing for these needs
as these matters can only be provided for
and taken care of by general law.
Yours truly e. d. SMITH.