The Pensacola journal., 1909-12-22

After a talk-fest lasting over two
hours anenC the question Of building
new county jail at Pensacola. the
county commissioners at 10 o'clock
last night TO the minute passed q
resolution rejecting all bids for ths
proposed structure, and stopped all
further discussion in the way Of CON
struct1ng Jail for the present. The
meeting was TepIete with interesting
features, and It all ended up in an
executive session With Benz Brothers
OF Mobile, whose plans were accented
iOr the structure. Before that. how
ever, Commissioner Jos. Brown an
nOunCed that if the Jail matter was
not settled before the meeting CON
cluded, &c would tender his rssigna-
JIOn. He evidently viii make good
the threat, for when the executive
session was ordered he refused to
leave his seat 10 accompany the 9th
cr three members and the chairman
to another room I'm the building. When
1t was seen that he would not take
part in the Cl0sed-dOOr arrange
meuts for new advertisements, the
clerks room was cleared and at
1890 O'Clock last night the executive
session was still being held. Il was
held for the purpose, il was stated,
Of preparing advertisements right
this time as Mr. Benz said. it
meant that new bids for the Jail build
ing viii be advertised for. and that
the entire work win all have to be
done over again.
The meeting was called to order
last night at I-I0 o'clock by Chairman
Oerting. The other members. con-
sistiEg of MessTs. Davis, Steward,
Brown and NcQuarrie. were on hand
I II
the country were on hand and were
crowded with some spectators and>I
number Of officials in the narrow cOn'
fines of the clerks Office.
The first man heard from was r.
NJ Blount, of the KeuytOn COnstru@-
ri0n company Of Pensacola. AIr.
BIOunt was asked what conclusion H.
had come to relative TO the pTOp0si-
tiOn made MIN by the county board
at a meeting the day before. This
was the question of handling t1e
couuty's paper which the board had
in view Of issuing to cover cost or
the building, the paper 10 he OK "a
negotiable character Mr.. BlOunt -a-
piled that he had submitted the mat
ter to his attorney, who in turn had
been in conference with the county at
tornev and that the latter would an
sver the question bearing upon the
legality of the county issuing paper
to finance the cost of the building
ATTORNEY Morgan answered that the
county board was not authorized TO
issue negotiable paper for any pUr-
pose whatever over FIVE mills Of the
construction of a building if the cost
of the same could not be met in five
years taxable rate. I'm other words,
negotiable paper could not issue Un-
less the cost was possible with five
mill rate from the REGULAR taxable
property. Hr. Morgan further gave
the opinion that the county board
could not issue bonds for any amount
and for any purpose without the vote
Of the people, but il could issue war
rants on the treasurer payable ont
of the special fund to be raised by
the special fve-uiIl rate Of taxation,
but not payable ont Of any C@her
fund Commissioner Brown question
cd him relative to- the issuance of
notes. and was answered that there
was a wide distinction in law between
note and county warrant as the
latter for the purpose named had 70
De ucfI only ont Of q special fund 10
be raised by the tax rate denoted. He
added that ir was now too late to
place q special Invv.
Securing that expression from the
county attorney. i1 which the latter
was supported h- TIf-e T. T. Car
ter. counsel for tine EoEntOn Con
s,ructiOu company. NE- L-oUnt sald
that the paper as coming from the
board would have no legal protection
in the present status Of the case, since
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