The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-01-03
STATE VAS POWER
TOIENLARGE CITY
Sam VIII John Takes Issue
With Smyer
URGEg MORE HARMONY
Writer Says Legislature Has Ample
PeWer to Create Greater Biz
minsham If 1t Is Again
Called Together.

! has baused much discussion, and has dis
turIed the public very greatly, and am
fretpently asked the question. as 1t true
thstthe legislature cannot enact a statute
that will be in accordance with the conf
stitttion and that will save Greater Biz
mirgham?"
| IIhave and do answer that question
Yeh there is no difficulty in the way. AT
my request Mayor Ward had advertise
melt made that bill would be introduced
! reArranging the corporate limits of the
4 city of Birmingham, but this movement
hid to be abandoned, because a very
/ lfge, respectable and influential commit
tie of the best citizens of Birmingham
yere ardently urging the passage of the
Jill drawn by Mr.. Smyer and introduced
by myself.
So eager were they to have the bill
Ilpassed that they would not listen to any
discussion of merits and dement's
AS drawn. the bill had provision that.
'The agreement of annexation may pro-
1 vide for specific territory and property,
having a situs therein, embraced in the
| annexed city or town to be exempt from
| city taxation. or the payment of taxes, to
the annexing city, not exceeding a period
| of % years, and may provide maximum
license tax to be annually assessed and
collected by the annexing city, from each
person, firm or corporation engaging in
| or carrying on any business, ETC.. in the
territory exempt from taxation"
| My colleagues were not willing to pro-
vide for so long a term of exemption from
| the burdens of government as 25 years.
and some of them were in favor of strik-
| ing this exemption from the BILL but we
| finally agreed to amend so as to fix the
period of exemption at 10 years. This
| amendment was made and the bill passed.
Thus far this statute has been dormant,
and it looks as though no contiguous mu-
inequalities will avail themselves of its
provisions and merge into one city.
The only reason l know why they have
not acted under this statute is this OBJ
| jectionable feature Of exemption from
| taxation" to the favored few
| 1t is manifest that our people are very
anxious for Greater Birmingham" and
they would today come together, from
East Lake and Gate City to West End, if
the consolidation could be had on fair
basis, and they felt assured that they
would be allowed to conduct their city
government in the interest of the people
and not in the interest of the fee and
bribe- taSer and municipal parasite.
| knowing this almost universal desire
| it seems that Mr.. smyer, in order to get
| them to merge under the statute drawn
by him, argues that this is the only way
to accomplish this great and good end.
To support this contention he cites the
provisions of the constitution of 1901, re-
| curing general laws to be passed, and
| then cites the case of Montgomery vs.
Reese, 149 Ala. 1888, which simply de-
cides that as the legislature had provided
by a general law for the adjustment and
refunding of the bonded Indebtedness of
municipal corporations, it had no power
thereafter to pass special law authoriz-
| ing one municipality to refund its in
| debtedness.
| If the learned gentleman had read the
| first lines of the act, which he seems
DESTROYS that the people of this great city
should fall down and worship, he would
have seen that it plainly provides, ANY
| city or town may be annexed TO and
merged into a contiguous city or town."
Acts 1907, p. sos.
By it's very terms, this act is restricted
to cities or towns which cover contiguous
territory, therefore, it cannot and does
not apply to cities or towns lying at "a
distance from one another, such as Selma,
Marion, Greensboro and probably so other
municipalities in this state.
His reference to the provisions of the
municipal code, section, 107O-74, volume l.
Code 1907, does not help him at all. for
the terms of that law require that the
territory taken in, shall be Contiguous
to the boundary of the city, and express
" declares that, 1.-The provisions Of this
chapter shall not preclude any city from
extending it's corporate limits in any other
way or manner that may be authorized
by law"
He also forgot that similar provision
is contained in Section IA of his worship
full statute. Acts 1907, page COB.
The learned gentleman has fallen into
an error far more serious, for a lawyer,
that his 1nisconstruing a statute, or for
getting the provisions of his own handi-
work, for the whole tenor of his argu-
ment seems to place him among, those
who construe the constitution of a sover-
eign state, by the same rule by which
the constitution of the United States Is
construed-that Is, that the legislature has
no power except it is expressly granted
or naturally inferred from those granted.
l. The Legislature of the sovereign state
of Alabama always had the power to al
ter. or rearrange the boundaries of muni-
cipalities. No lawyer ever doubted this.
Subdivision is of section 104 of constitu-
tion 1901, for the first time in our his
tory. prohibits the Legislature from
amending, confirming. or extending the
charter Of any private or municipal cor
porstlcn," but, to guard against a mar
row construction of this limitation, there
ia added to the subdivision, this shall
MT proi,tbit tie legislature from altering
OF rearrarsjng tire boundaries of the city,
town or village.
1t is impossible for the legislature to
enact a general statute prescribing the
limits OF all cities and towns in Alabama.
as the limits of every municipality are
40. ID %