The Birmingham age-herald., 1907-06-26
Board of Revenue Will Meet
 This Morning
MAY BUILD JAIL ANYWAY
Plans Are Suggested Which Come Within the Power of the Board, Something Must Be Done
 Soon at the Jail.


 iss of 50o,0oo worth of bonds with which to remove the carbuncle from its face and erect thereon a handsome building amply sufficient fo- jail and court house requirements. The city of Birmingham went almost solid for the issue, but the country districts and Bessemer lined up on the other side and came out victor by full POO votes.
 The vote was light, about 2500 votes be- ing cast. It is the concensus of opinion around the court house that a very large number of voters who were in favor of the issue thought that the election would tura out so unanimously In favor of it that | there would be no need of their voting, so kept away from the polls.
 Will Meet Today.
 Job Going when asked what the board would do replied that it would be im- | possible to say until after the meeting of the board this morning, and expressed disappointment at the result of the elec- | tion.
 | Sheriff Higdon said: While the build ing of new jail would impose a hard ship on me I am sorry that the bond 1 issue did not carry The jail at present I Is packed and crammed with prisoners, anc 1t is with difficulty we keep the prisoners separated. especially the women I am writing pr. Bragg today. but have no idea what he will do. He can come here and take the keys away from me and compel me to carry the prisoners somewhere else, if he sees fit." Harding May Submit Plan. 1 While the board desires to abide by the l referendum propoS; ton it Is said that the money can be secured in some other way, l and w. P. G. Harding, president of the f First National bank, has suggested that ! the jail proposition might be financed | without a bond issue. He will probably 1 appeal before the Board of Revenue to- 1 da.. ana submit his plan, which Is to have | the county is~Le warrants in such l amounts as may be necessary and n- stead of paying the contractors money | pay them In warrants, which might be ce-shed by syndicate, organized for the | purpose The board would be able, MT. 1 Harding thinks, to redeem these war rants gradually, out of its fixed revenues l As warrants are non-fnterest bearing the | contractors in making bids, would figure | on such rate of discount as would be agreed upon by the banking syndicate MT. Harding. in speaking of this mat | ter last night, said his plan was only ten l tatiye. The Board of Revenue seemed to have the legal right, he said, to pro- ceed in the way indicated. The ques- tio, would then be as to the rate of discount. If the legislature repeals the tfs-, on foreign loans," said MT. Hard i ing, Tt will be easy enough to get the money at a cheap rate Otherwise the plan have in mind would not be fea- | sible.'
 Interest In Brage's Action. | What will Dr. Bragg do now? Every l hnd ic f,er tor for the next development in the county l jail situation. Everybody expects him to | take a hand with his usual gusto and 1 push things to a head.
 | Dr. Bragg is state prison inspector. He l paid Birmingham visit several months ! ago, and stirred up quite a breeze. While the wind was blowing, people thought 1t would blow the old county jail clear out of sight, but now that the matter has come to a vote, and the vote is against bond issue, the old carbuncle seems to 1 be even a greater nightmare than ever.
 It Is to Dr. Bragg that many look to 1 dispel this idle dream. When he was here before he said that the county jail is not fit for a hog to live in, and must be torn down, bag and baggage. He said that if the county did not take measures to remove 1t he would remove the pris- oners.
 Will he do that now? The doctor usually
  is expected to step in and clear the at | mosphere. Bond issue. or no bond issue, he intended to have the old jail removed, and he probably still has those intentions
 Power of the Board. When the people fail to take an in- terest in their own public affairs and | neglect opportunities, the law and the courts generally take hold and afford pub- lie relief" said lawyer last night. If ,ttAl lfa1 knowing as I do the need of jail and court room, l would simply issue county script and erect the building. They can do so, and ought certainly to make the provision. Not one-tenth of the voters have expressed a preference for or against the proposition nor do they seem to think over the matter. Here Is a case which easily settles the matter.
 In the case of Tally ys. the commis- sioners' court of Jackson county the su- preme court in decision by Chief Justice Mcclellan denied that:
 '1 The issuance by the authority of the commissioners court of interest bearing warrants on the county treasurer payable at stated times in the future, for the amount of a debt contracted for the building of a court house. Is not the issuance of bonds within Const. 222 de- claring that no bonds shall be issued, except pursuant to a majority vote of the citizens of the county.
 '2 contract for the erection of a county court house will not be decreed in- valid, and it's execution enjoined, on the ground that the action of the cominis- sioners' court in levying a special tax for a number of years in the future to meet the warrants issued to pay for the court house was improper and invalid.
 g. A court of county commissioners has exclusive power to determine the necessity for new court house, and their acts in this respect, when free from fraud or corruption, cannot be controlled by any judicial tribunal"
 (For cases in point see vol 13 Cent. Dig Counties, 165, 177.)
 A. A contract, entered into by a com missioners' court for the erection of a court house according to certain plans and specifications, under the direction of a competent architect, and to be paid for only after final inspection, was not objectionable as an abdication of the power of the board to audit claims agains- the county"
 (Tally vs. Commissioners Court, 8 So, 167.)
 From this division." said the lawyer "the Board of Revenue has power to build a jail and court house, despite tine failure of the people to vote upon the sub ject."
 Cook Injured by Moving Car.
 While attempting to board a moving oor on Twentv-frst street and E,ourth