The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-28
VIII Become Reality Even If
Extra Session OF LegisIa-
ture Is Necessary
SMYER AL WAYS THOUGHT
BILL WOULD NOT HOLD
Motion Says If 1t Will Not Hold He Is
Not In Favor of Bringing the
Legislature Together
Again.

That the rules of the state senate con-
flict with the constitution of Alabama,
seems to be the latest development in the
Greater Birmingham muddle Examine
ton of the senate journal shows that no
adverse committee report was ever re-
corded, and that other bills, such as the
anti-shipping bill, although passed over an
adverse report, may be declared unconsti-
tutional
'I welcome all attacks against the
Greater Birmingham bill" said Secretary
Joseph B. Babb, for we want to start
with a firm rock on which to build the
great city, 1 personally have no fear
for the outcome. If the King bill is de-
stroyed, we will have another, even de-
an extra session must be called before the
census is taken
81 have watched by the bedside of
Greater Birmingham when she seemed to
be breathing her last, when her enemies
were outside the door snickering up their
sleeves, and when she was as weak and
f1abby as a collapsed balloon, but she has
never failed to rise and triumph over her
enemies.
eff the King bill is unconstitutional
believe Governor Conner will call an ex-
ira session, and the legislature would i'm
mediately pass a similar bill, with the
exception of the referendum, with hardly
any opposition. The same boundaries
should be included in any new bill that is
drawn. 1 am only sorry that the question
of the merits of the bill has not come up.
The supreme court should decide whether
the legislature had a right to annul
half dozen charters by its action. We
do not want to start into Greater Bir-
mingham with any weak instrument.
However, am not convinced that the
King bill will be thrown out 1t is mat
ter SO technical that the decision of the
court will have to be very searching. AS
former journal clerk I am perfectly IA
miliar with the forms and manner of
keeping the journal. In company with
Mr. King, I made careful examination
of the record, and saw no errors. The
mistake, in my opinion, is due more to the
printer than otherwise, although the SEN
ate journal could easily be tempered with.
The manner in which it is kept, and the
system of pasting the votes in the book
makes changes quite possible, and any
one had admission to the journal
Smyer Thinks 1t Unconstitutional.
e. J. Smyer said: 1.-The bill is undoubt-
edly unconstitutional. I have no doubt
in the world of the fact. While I was not
in Montgomery when the bill was passed,
it seems perfectly evident that the Jour-
nal does not comply with the constitution.
1t should show that the bill was referred
to a committee, acted on and reported
back.
'aThe senate rule, ii seems, did not re-
quire an adverse committee report to be
recorded, but as this is a change of the
state constitution it is absolutely void.
st think the Smyer bill, the Miller bill
and the municipal code will be sufficient
to accomplish the same ends. No new
Greater Birmingham bill is needed. There
is no necessity for an extra session, as
the suburbs are willing to come in.
at never did believe that the King bill
was constitutional on its merits. The
legislature could not by implication repeal
the charter of cities not even mention
Ing their names in the bill.
'.I am satisfied that there was no doc
1OrlnR the JOurndl So ltl as tio iCpOiI VI
the committee is concerned 1t looks more
like a bungle to me than anything else.
No matter what the outcome, have no
fear for Greater Birmingham, as the SUI
burbs are ready to come in under any
bill"
Motion Against Extra Session.
r. II. Motion said while was not
in Montgomery, I was advised by Mr..
King many times that every detail was
being carefully watched. The announce
ment that the bill is unconstitutional
comes like thunderbolt out of a clear
sky. Mr.. King must ne right in his
charge that the records have been
changed.
eff the bill is knocked out had rather
try to get along under the other bills
than attempt another session of the leg
islature. Not for any consideration would
l advocate an extra session, for the last
one did enough harm, without risking our
selves again. In case the bill is uncon-
stitutional l would advocate the CONNER
cial clubs insisting upon the annexation
of other territory under the Smyer bill,
the municipal code and the Miller BILL"