The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-30
CRAY HOPES TO SEE
VICTORY FOR CITY
Extra Session Would Be Well
Worth While
BLACKBURN is OPPOSED
Men Who Fought King Bill Say 1t Is
Ridiculous To Raise Cry of
Fraud at This
Time.

''I do not know what Governor Conner
intends to do" said Lieutenant Governor
Henry B. Gray yesterday, but I hope
he can see clear to call an extra session
to stralghten out the Greater Birmng
ham tangle.
'I cast the deciding vote for the bill
four times, and no one can doubt my
sincerity. | am deeply disappointed that
such carelessness in keeping the records
should throw out the whole thing. How
ever l believe we will have a Greater
Birmingham, even if it takes an extra
session to accomplish it."
Felix f. Blackburn, who represented the
respondent, H. L. Martin, in the quo
warranto proceedings before Judge Lane.
when questioned on the opinion of Judge
Lane, said
II am not at all surprised at the de-
cision of Judge Lane. l have believed
and maintained all the while that the
King bill would be held invalid whenever
directly attacked in court. 1 do not be-
lieve there is single lawyer who has
taken the trouble to post him
self as to the facts and the law, but
what reached the conclusion that the bill
would not stand the test. l regret that
some of the partisans of the bill saw fit
to rush into the daily press with the
charge of fraud. and that the senate
journal had been tempered with as
soon as the validity of the bill was chal-
lenged in court. Both propositions are
absurd The cry of fraud is the rec
ognized wall of the blasted ambition of a
defeated candidate
"The Irregularities pointed out in the
attack on the bill are nothing more than
what has happened to many other bills
as appears from our supreme court re-
ports. No one particularly. it seems,eta
be blamed, except that it is obvious the
bill did not receive the proper care and
attention, after its passage, and while the
permanent journal of the senate was be-
ing compiled. l do not hesitate to say
that this bill is receiving its just desserts
at the hands of the court. By rights, 1t
ought never to have appeared on the
statute books at all. In the first place
1t was passed in the senate over the Wig
orous protest of Senator N. l.. Miller, our
representative from this county. SEN
dIOEdl courtesy WHICu mas utlttOloiS UNI
formly prevailed on strictly local bills
such as was this bill, was ignored and
trodden under foot. In the next place, the
advocates of the bill only secured a tie
vote on the Spragins amendment, by the
vote of Senator Leath, who was paired
with Senator Blackmon ON the bill and
amendments as the journal shows, SEN
ator Blackmon being opposed to the BILL
1.-The president of the senate cast the
deciding vote in favor of the amend
ment The adoption of the Spragns
amendment was directly responsible for
the final passage of the bill. Had Sena-
tor Leath not voted, or had Senator
Blackmon been recorded as voting against
the amendment. there would have been
no tie. The senate journal is correct in
showing the above.
1.-The death of the King bill does not
necessarily mean that we will not have
Greater Birmingham Two bills were
passed, known as the Miller bill and
the 'Smyer BILL which were also In
corporated in the municipal code, which
provide means and method for cities and
towns to extend their corporate limits. or
for one city or town to be merged into
another These acts remain intact, and
any contiguous municipality or unincor-
porated territory may be brought into
Greater Birmingham under the pro-
visions of these acts. It is ridiculous to
consider converting the legislature in ex-
ira session in order to repass the King
bill AS pointed out above there is no
necessity for the passage of such bill,
and 1t is a fact well known that Governor
Conner was very much opposed to the
King bill, and only approved same after
great pressure was brought to bear on
him. Besides, the people of Alabama are
not ready to have further legislation by
calling an extra session OF the present
body the expense would be too great
and there is no need or emergency suf-
ficient to warrant such drastic action"