The Birmingham age-herald., 1907-07-19
Felix Blackburn Also Against
 the Measure
CITIZENS FAVOR MEASURE
None of the $5o,ooo Appropriated to Fight Railroad Cases Will Be Paid Out to Attorneys.
 Capitol Extension.
BY HERNEY ". LAIRD.

pr r1GNNEY w. LAIRD.
 Montgomery, July Especial )-Lieu- tenant Governor Henry B. Gray and Felix Blackburn made arguments before tho joint committee on municipalities today of the legislature against the adoption of the SInyer bill for Greater Birmingham. Both were against 1t because of the non-taxing feature with which teh citizens of the city and county are familiar. w. P. c. Hard- ing. S. J. Bowie. James J. Smith and others spoke for the bill, holding that it was necessary not only for the building up of the city, but for the health of the people of the county at large
 | Representative Urquhart of Jefferson county acted chairman, and introduced l the speakers. Those for the measure plead | with the committee tc pass it and give the l city a chance to expand. and at the sane | time keep the health Of the people in the l best of shape. MT. Motion said that once l upon a time the city had an epidemic of l cholera, and it was very necessary that 1 the sanitation of the county be taken in l hand He dealt to some extent with the taxing features of the bill, an dthought by ! letting those out who are outside the rev. 1 enue producing zone would in the end do no harm.
 Mir Smyer argued the same way for l the health Of the county. Being the uu- ] thor of the bill. he pointed out the taxing ] propositions, showing that while there l will be q non king zone, this will get none of the city advantages until 1t does pay for them. He said that there was d demand for the bill. and the opportunity for the citiy to spread out. Mir Smith took much the same view, he, with Mr. Smyer, being a member of the county san- itary commission and interested In ne health of the people
 | MT Blackburn said he represented no one but himself. He did not think 1t right to have people come In without paying their way and was going to fight it. He could throw a rock from his own little home that would be taxed to the great estates of others who would have to Day nothing He urged the legislators to go very slo wand look well into not only this but several other laws that are sought to be passed.
 Lawyers Fees.
 Lieutenant Governor Gray said he was for Greater Birmingham. but he would never consent to paying those on the out side to come In by exempting their taxes for any length of time. He had not asked this when the city expanded before and he did not think any man had a right to expect such a thing He then pointed out that many of the men who are advocating
  critics that would be exempted. He said he would rather see Greater Birmingham fail than to have it adopt the Smyer bill. Among those who were present and spoke were S. J. Bowie. who made an earnest demand for the adoption of the bill.
 Among the Birmingham citizens present at tNe hearing were the following W. P. l G. Harding, Sol Caheen, A. B. Loveman, 1 Robert Jemison 1r., James J. Smith, T. II. Molton F. J. Smyer. John w. ONelll ! Sterling Wood Ross c. Smith, MT. Brock Jesse Stallings, MT, Jones, MT. Snider J. E. Shelby. E. K Campbell and Rev 1 A. R Moore.
 The committee will meet again tomor' row.
 None of the $50. 900 to be set aside by the state for the railroad litigation will go tc lawyers, says Attorney General Garber In the following interview MT Garbei points out that the pay of the lawyers IS provided for In the bill creating the rail road commission and that the money tt be carried in the bill Is a provision fol the payment of court costs. MT Garbel says:
 q have noticed in the state press re gently several references to the bill whict has been introduced at this session o the legislature providing for an appro priation of $50. 900 or much thereof a' may be necessary to pay the states eX pensas upon warrants approved by th' governor in the railroad rate eases against the state which are now pending in the United States district court fol the middle district of Alabama My at tention has also been called to lette addressed to a Montgomery paper signe( Citizen under the title. 's5O,000 for law ! yers.
 "I infer therefore that there must b' some misapprehension among the peopl of Alabama in regard to thls bill and
 do not deem 1t improper as the attorne! general of Ala bama, who has up to thi time conducted this litigation. to stat the correct situation In this matter. Tn Legislature at it's first meeting In Januar, passed an act, ITO create a railroad com mission to be known as the railroad com mission of Alabama, etc approved Feh ruary 23, 1907. In section 52 of this act 1t is provided as follows And the gov ernor is hereby authorized and empow cred to employ any special counsel to in stitute or defend such legal proceeding (that Is, legal proceedings instituted b. or against the railroad commission Q to assist the attorney general therein an to contract with said special counse concerning a reasonable compensation fo his services which compensation shall b paid out of the state treasury on war l. rant drawn by the auditor on the stat , treasurer upon approval by the governor
 Attorneys Provided For. From the above 1t will appear tha i the compensation of the counsel whom the governor has seen fit to associat with the attorney general In these case has already been provided for and VII be paid under the authority of the ac . of February 23. 1907. from which hay quoted. The purpose of the present bil , pending before the legislature Is t provide for court costs and other eX penses of this litigation in the fight fo . the peoples right against overcharge in freight and passenger rates In thi i connection, one who Is familiar wit court costs in federal courts remarke , to me today that if these twelve case were carried to the supreme court O the United States at Washington, tha ! sthe costs of the transcripts, with othe court costs, would amount to somethin like $20,000. The state does not expec to lose these cases, but in the event tn states contention meets With defeat this large amount for court costs alon would have to be paid by the state O , Alabama, and the main purpose of thi