The Montgomery advertiser., 1906-05-29
 BONDS VALID SAYS LAWYER City Attorney Mcintyre Writes, an Opinion. NEW ORDINANCE FRAMED Alleged Defect Found by Bank to
 Be Overcome.
 - At Meeting of Montgomery City Ceun- ell, Resoiution Passed Denying Negro Rtsht to Build Houses
 for sevenge.

 bond issue, known as the City of Mont. gomery Additional School Bonds. which were voted for at the election held last fall. bid in by the Fourth National Bank and then refused by that insti- tuition on the advice of its counsel, R. L. Harmon, who alleged defects in the manner of issuance. was the question before a special meeting of the City Council, called by Mayor Teague last night.
 At the meeting, the opinions of law yers on the question of the bond issue were brought into conflict, an opinion rendered by City Attorney Mcintyre in regard to the legality of the bonds dif- fering radically from that held by the attorney for the Fourth National Bank. The City Attorney holds that the bonds as issued are legal and of full value to the purchaser. As possible means of avoiding any dispute. however. an ordinance was introduced. intended as a substitute for the bond issue ordi- nance passed last fall. identical in every respect with the previous measure. ex- cept that instead of bearing date July l. 1905, 1t reads that the bonds bear the date of July 1, 1906 Tn accordance with this measure, the bonds would ma ture July 1, 1946, instead of on the same date in 1s45, running the entire forty years from the date of issuance, in- stead of thirty-nine years and some odd months.
 Referred to a Committee.
 The opinions of the lawyers a letter from President T. J. Reynolds of the Fourth National Bank, refusing the bonds as they now are printed and dated. and the substitute ordinance pro- posed, were submitted to a committee Af hn he fr Committee and the Judiciary Commit tee, for a report at he next regular meeting of the body.
 As stated in The Advertiser last week, the Fourth National Bank on the advice of it's attorney, R. L. Harmon, refused the bonds on the grounds of illegality in their present form, owing to defects in the matter of public ad- vertisernent for the election in the action of the Mayor and the Council in making the bonds date back to July 1. 1905, when the election to decide up on the issuance of bonds had not been held until August; and the reading of that portion of the bond referring to that rate of interest which the bonds are to bear.
 The question of this bond issue, for the purpose of which the meeting had been called, was the first on the call Introducing the-subjeot, the clerk read communication from the Mayor h. forming the Council of President Rev. holds refused to accept the bonds In their present form Accompanying this letter were the opinions of Attorney Harmon for the bank, and of City At- torney Mcintyre, which defended the legality of the bonds.
 Upon the request of Alderman Ryan. the city attorneys opinion was read This paper disagreed with the opinion of Attorney Harmon in every point at issue The City Attorney stated that ir his opinion the election held last August was lawful and vested the May Of and the City Council with the au- thority to issue the bonds, and that the bonds which the city advertised were valid He cited as his authorities A recent action taken by the United states Supreme Court in the State of Illinois.
 Mir. McIntyre's Opinion. Following is the report of the City Attorney in full:
 Montgomery. May 2S, 1906. ''Ion. W. M. Teague. Mayor, City. Dear Sir:-The ordinance of July 10. 1905, and the election held in pur- suance thereof conferred upon the Mayor and City Council of Montgomery the authority to issue bonds in the amount of $75,00o, for the purpose of purchasing or constructing additional school buildings The omission to have the notice of such election in- z serted in The Montgomery Journal for three successive weeks by no means affected the validity of such election. E nor does the fact that the notice * stated that the bonds should bear H rate of interest not to exceed four and one half per centum per annum,' rem g der void the bonds issued under the authority derived from such election.
 section seven of the act of the Leg W feIo ffaNo dered by the Council expressly says a that no contest of an election can be A instituted after the expiration of ten # days from the date of the canvass of & the returns of said election In the x absence of a contest the result of the election is final and all omission and # Irregularities in the proceedings pre- # Iiminary to the election are rendered harmless. This Is unquestionably the case in this instance as the Legislature of Alabama has declared that no ir- regularity in the proceedings to au- # thorize the issue of bonds under this act, nor the omission or neglect of any officer charged with executing any of the duties imposed by this act shall affect the validity of any bonds is- sued under the authority hereby con- ferred.'
 Illinois Case Cited.
 "The Supreme Court of the United States has had occasion to pass upon an act of the Legislature of Illinois similar in wording to that just quoted. The law provided that twenty legal vo- fers were to request the holdings of an election and that twenty days notice of the election should be given. An election was held when only ten legal voters signed the petition. and after orIv ten days notice of the election had been given. Bonds were issued in rursuance of this election and the pay ment of them afterward contested. A atatute Of Illinois provided that bonds nhall not be invalid by reason of mis- fake in the giving of the notice in the canvass or return of votes, or the is- suinS of the bonds" and the Supreme ronrt q decided that this enactment of < the state Legislature cured whatever ] AeSects there were In the proceedings Iaadinp I'D to the election and render ad the bonds valid and binding. Rob- es+s Rolbs, 10I U. S. l19.
 "Rut the decisions have even gone E e,rther than this. and have held that tha result of elections like that order aS hv the Council last August, cannot Sa collaterally assailed. Commission ers of~Knox county, lhd'' N' Asplnwal' et als., 21 How. 5SS' '.
 sSThere can be no question that the ~Section ordered by the Council and NaId last August. conferred upon the -Tv Council the authority to issue snhool bonds to the amount of $75,000
 Date of the Bonds.
 The bonds which the Council offered
 q sell under this authority bear date