The Montgomery advertiser., 1908-01-07
DETECTS IN THE NEW LAW City May Lose S25.OOO By This Defect. BOARD OF REVENUE PUZZLED County Attorney Hakey Says Act
 Is Unconstitutional. sut City Attorney nfcHatyre ssys That rhe Act Is Good Ana TAe
 aty s..-,a {. r.,a
 Money.
BOARD OF REVENUE PUZZLED

A new phase of the Municipal Code. law, under the provisions Of which the county agreed to pay to the city Szs.. 900 as halt of the special road ana bridge tax, having been brought to Ehe attention of County Attorney Blakey, he has written an opinion to the Board of Revenue advising that the payment be held up until an op- portunity can be had to test the con- skitutionality of the act. The board haseacted under these instructions.
 That a case will be rnade in the City Court Is now evident and Judge gayre and the Supreme Court will pass upon the validity of the new law which attracted such general attention last summer. Should the county lose Or in other words Judge Sayre declares the law constitutional the case will De dropped but should he see 1t in an- other light the city will take 1t to the Supreme Court for final action.
 ~ This controversy between the city and county comes as clap of thunder from a clear sky as only week ago a committee of the Council appeared before the Board of Revenue and dis cussed the payment of the s25.000 in question. Then only a question of time was talked of and the committee felt so assured that the matter would be adjusted properly that the mem- bers left it with the Board of Rev. enue to select the time when 1t should be paid. The new phase of the law was brought to the attention of Mir. BIakey through the columns Of The Advertiser. After the meeting of the Board of Revenue a week ago an ac- count of the proceedings was published. Some one who was interested in the new law under which the money was to be paid to the city wrote letter to The Advertiser stating that 1t was unconstitutional. The letter was pub lished and when Mir. Blakey read 1t he conferred with PresSdent Tyson of the board concerning the new points. The two saw Mayor Teague. The mat ter was discussed among the three but noe In q serious manner. Later City Attorney Mcintyre was seen on the matter and he too stated that he did not think there was anything to the claim that the law was unconstitu- taonai.
 NevertheIessMr. Tyson asked Mir. BIakey for an opinion on the matter which he gave to the board yesterday morning when 1t met in regular ses- eion The opinion was to the effect that the law took in a wide scope and that perhaps this particular section was not constitutional and further ad-- vised the board to hold payment until the matter could be settled by a court.
 Although every member of the board expressed themselves as being willing to pay the S25,000 immediately they stated that lt should be done in strict accordance with the law and they thereby accepted the advice of Mir. Blakey. Should Judge sayre de- clare the law constitutional the county will not carry the case higher.
 CitMe Attorney Mcintyre appeared beforS the board yesterday and cited his version Of the law to the mem- bers. He stated that he thought there were no grounds for an opinion of this Kind and that there would be nothing gained by taking. the matter into the courts and causing the city to lose the use of the money for probably several months. Mayor Teague is of the same opinion. He stated last night that he thought the city should have the mon ey and have part of 1t right now.
 As the Board of Revenue has taken Mir. Blakey's opinion in the matter as being correct. nothing will be done in the matter until the city should appeal