The Birmingham age-herald., 1909-06-15


 "A, 1906, at the Commercial club to consider the Smyer bills. Representa- tives of incorporated and unincorpor- ated territory surrounding Birmingham were invited to be present and partic- ipate in the meeting. MT. Sterling A. Wood presided. MT. E. J. Smyer ex- plained the bills. Among others present. who addressed the meeting were the mayors of Avondale and Pratt City-and the city attorney of Woodlawn, and Judge $. E. Greene a resident of ter rltory then unincorporated. In addi- ton to those above named Messrs T. G. Bush, T. H. Motion, J. R. Copeland. Frank Nelson, Jr., Rufus N. Rh odes, Dr. Stagg, Dr. A. J. DIckerson and Judge w. H. Stanley made speeches indorsing the bills The following named gen. tlemen who were candidates for the democratic nomination for the legls- lature were reported in the press as having been present and having made statements approving the Smyer bills viz: Messrs, J. T. Glover. ". E. Ur- quhart, w. T. Stuart, Charles Denegre, Ben F. Barber, Jere c. King and Col. Sam Will John, four of the success ful candidates. A letter addressed by me to the chairman of the Greater Bir- mingham committee was also read in which l agreed to support the refer
  did not promise to support the non-tax- ing feature. So far as I am advised every candidate, both for the senate and the house who expressed himself on the subject agreed to support the referendum feature of those bills The substance of this referendum feature was and is that no territory then in the corporate limits of any other mu- nicipality should be taken into Bir- ha of such municipality having first agreed with Birmingham upon the terms of consolidation, and this agree ment then being submitted to the voters of that municipality (not con- solidated vote of the two municipali- ties but separate vote of the one to be taken in) for It's adoption or rejec- tion, and if a majority voted for an- nexation then such town be annexed but if the majority was against annex atton 1t should remain out and con- tinue a separate municipality As to adjacent territory similar vote was to be taken with the result likewise de- termined. These two Smyer bills have been enacted Into law substantially as written by the Greater Birmingham committee except certain amendments as to the non-taxing feature. have heard very few regrets on account of any amendment made to the non-tax- ing provisions.
 Thus the then Greater Birmingham committee made an agreement with neigh boring towns and u0incoporated sections | which eliminated Birminghams extension | as an issue In that primary election. | This agreement has been enacted into l law and the Greater Birmingham com | mittee has gotten substantially all 1t then l asked for. This agreement partakes of | the nature of and has something of the cor aOff ffHrn nf 1 "gentlemen's agreement" and should | be lived up to by both sides. Under 1t all territory willing to come in can be taken in. It Is the offspring of the Com mercial club and that club should not disown 1t. much less attempt to damn me for keeping promise l made at It's in- stance.
 As a member of the Commercial club wholly apart from my relationship to this matter as senator from this district. I regret to see 1t breaking an agreement of its own proposing. merely because un- der 1t It's desires have not yet been fully accomplished.
 But 1t is said by some that the vote on the former King bill showed the peo- pie are for 1t and consequently it should now be enacted. There are two answers to that proposition, each sufficient to any unbiased mind.
 1. If the people are willing to come in. the law Is now ample and sufficient to take them in and no further legislation Is needed
 ?. The referendum of the King bill was humbug. The vote was not confined to the territory to be taken in. It was a vote of Birmingham and the territory sought to be annexed with Birmingham having majority to start with.
 Under the laws now existing Bessemer and Ensley have each extended It's re- spective corporate limits. Birminaham h-c 1a p4yfa ,cta s4 doubtless could now make some more and in the very near future still others, if 1t desires to do so. No legal effort to extend it's corporate limits under exist ing statutes has failed that I now recall except in the effort to take in Wood lawn which effort was unfortunately just at a time when extensive municf- pal Improvements were about to be be- gun. My advices are that Elyton and East Lake are about ripe enough to gather, and West End Is fast ripening
 Even for those who believe that the end justif1es the means 1t would seem that faith might be kept without too great a sacrifice. The means now at hand should be used.
 Whether the referendum as local self government is the correct theory can properly be debated at the expiration of expiration of the terms of office of those chosen under the agreement and when the election of their successors comes on.
 I shall continue to keep faith with the then Greater Birmingham committee. the commercial bodies and citizens generally, by opposing arbitrary extension. as not being in conformity with the referendum agreed upon.
 Not a secret promise but an open decla- ration, known of all men, made before election and being kept after election. Very respectfully
 NATHAN l.. MILLER,
 Senator Thirteenth District.
 Birmingham, June IA. 1909.
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