The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-09-20


hereafter to be taken in, from the tax
ing to the non-taxing district In the
first place, this privilege IS only allowed
to those who desire to use the property
for a mining, manufacturing or Industrial
plant or construction or for quasi pub
lie use; this again drawing the distine-
ton between property used for those pur-
poses and private property, to the detfl-
ment OF the latter The method provided
for this transfer is that the person desir-
Ing 1t may petition to the City Council
to that effect and if three-fourths of the
| members of the Council vote for 1t, and 1t
be approved by the Mavcr the transfer
| shall be made. In other words, as TINS
| provision is now drawn the Birmingham
Railway, Light and Power company the
Birmingham Water Works company, or
any manufacturing plant might by pc
tition, a concurrence of three-fourths of
the Aldermen and the Mayor transfer any
| property now in the city and used by
| them In their business from the taxing to
| the non-taxlng district. OF course, under
the present administration no such action
could be taken. But this Is an Impossible
| condition, and in my opinion, should not
be permitted. We have heard a great
deal lately about the corporation in poll
tics and the evils that result or may re-
suit therefrom. Would not this be a di-
rect invitation or at least temptation
for all persons and corporations engaged
in mining manufacturing or quasi public
enterprises to enter into politics to es.
| cape taxation.
understand that Mr.. SINGER expects to
amend this section so as to have 1t apply
only to territory hereafter taken in 1t
seems to me, however, that, while such
an amendment would be an improve
ment upon the law as now drawn in this
particular, the improvement would only
| ha inc nf 10
the provision; and that to entirely remedy
the evils which might be caused by this
provision 1t should be eliminated.
Section s. In this section it is provided
that the laws and ordinances of the city
shall apply to the taxing and non-taxing
district. except as provided in the act,
I and except as may be restricted by
/ ordinance or resolution" Does this mean
that the city council may extend It's
ordinances and resolutions to parts of the
city and not to others, may make them
| applicable to persons and property in
one part of the city and not applicable To
| persons or property in another part or
the city, the basis to be not conditions,
but situation? If so, then would not sucn
action be unreasonable, discriminatory
and void: and even If valid legally, would
1t not be arbitrary and unsatisfactory
in its results?
Creation of Wards.
Section provides for the creation OF
the wards of the city, expressly pro-
viding that the non-taxing district all of
1t, shall be In one or more wards of the
city. 1t is evidently contemplated that the
| different wards should be made up par
| TALLY of taxing and non-taXing territory,
| as the division of the wards is to be eff
fected along the line of equality of vot-
| ing strength. This section specifically
| hat N q
non taxing district of the city shall have
| a right to vote at any election held in
the city for the election of any city Off
Gals, or in any other election held In
the city which pertains to the government
of said city, or to the exercise of the
governmental powers except as herein
provided.
No general provision is made in the
act for the voting of such persons. In
fact, the general rule is that they cannot
vote in city elections.
Section III of the constitution says that
every male citizen of this state, who is a
citizen of the United states, and every
| male resident of foreign birth who before
the ratification of this constitution shall
have legally declared his intention to
become citizen of the United States,
| q years old or upwards, not laboring
| under and of the disabilities named in
this article, and possessing the qualifiea-
lions named by It, shall be an elector and
| shall be entitled to v1te at any election
| by the people: provided that all foreign
ers who have legally declared their inten-
ton to become citizens of the United
States shall, If they fail to become cit
! liens thereof at the time they are emit
tied to become such cease to have the
right to vote until khey become such
citizens. The qualifications referred to
in this article of the constitution are set
out in section up and in effect that they
are that the person shall have resided in
the state at least two years, in the coun-
| ty one year. and in the precinct or ward,
three months, Immediately preceding the
election at which he offers to vote, and
he shall then duly register an elector
| and shall have paid on or before the
first day of February preceding the cleo
ton at which he offers to vote all poll
| taxes due from him for the year 1901 and
for each subsequent year. The disabilities
referred to are idiocy, Insanity conviction
! for crime, such as treason. murder mall
| feasance in office. larceny, etc, convc-
| ton of vagrancy or OF selling or buying
votes, or making false returns In cleo
| tions, falsely securing the degistra ton
| of a person as an elector. Ownership of
property or residence in a part of a
ward or precinct is not requisite. 1t seems
to me, therefore, that this provision ex-
| Guiding the non-taxers from voting is open
| to grave constitutional question But
| even II TINS De TECHNICALLY legal or this
objection waived, as a practical PROPOSE
ton. how could they be distinguished
and kept from voting? The poll lists fur
nished the clerks and managers of cleo
| tions by the probate judge show those
who have registered and paid their poll
tax by the precincts and would not and
could not show who were takers and
| who non-taxers 1t would be impossible
! for the managers and clerks to separate
| the non-taxers. And even If they should
| be morally convinced that they were cor
rect in attempting to separate some in
| dividual from the voting citizenship, their
attempt to do so. whether right or wrong,
| might be the cause of more or less serious
trouble at each election. The white man
of Alabama Will not be denied his right
to vote. and sometimes he is inclined to
want to vote even If he is not entitled TO
do So Many complications and much
trouble would result. Besides all this, that
Is, the legality of the provision and the
difficulty of its enforcement, it does not
appear to me that within the corporate