The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-04
| GUNS AGAIN START
HEAVY FIRING ON
BIG BIRMINGHAM
Injunction Sought To Prevent
King Bill From Going
Into Effect
FEDERAL @ JESTI0N is
RAISED IN LATEST BILL
It Is Thought That on Appeals the
Effectiveness of the Bill Can
Be Delayed Well Into
Next Year.

The question of a Greater Birmingham
is again thrown into the foreground by
a bill filed in the chancery court yester-
day. The bill is in the nature of a petition
for a temporary injunction seeking to
restrain the city of Ensley from deliver
ing to the city of Birmingham the prop
erty, books, records and contracts belong
ing to Ensley, as it was agreed would
be done in resolution recently passed
by the city council of the Steel City.
The proceedings instituted are filed in
the name of J. r. Simpson, as complain
ant, and d. F. Sugg and w. H. Da-
Wis, mayor and treasurer, respectively Of
Ensley, are made the respondents; B. E.
Blackburn, John C. Forney and Stallings,
Drennen and Judge acting as attorneys
for the prosecution.
The petition is a lengthy document,
covering 70 closely typewriter pages and
attacks, primarily, the validity of the
Greater Birmingham bill passed by the
legislature on August 20, this year, 1t
being averred that the act is unconstitu-
tional, null and void. and 10 grounds
or reasons are set forth to support this
contention.
In the first paragraph of section 4 1t
Is averred that the Greater Birmingham
bill is violation of and contravenes
article IA of the constitution of the Unit
ed States, a part of which is cited as
follows: 'sNor shall any state deprive
any person of his life, liberty or prop
erty without due process Of law" 1t
is averred that the Greater Birmingham
bill if finally adopted would deprive the
city of Ensley of all property against
its consent and will.
Involves Federal Question.
This first paragraph involves a ques-
ton having to do with the federal con-
stitution and was inserted with a view
of opening the way for an appeal to
the supreme court of the United States
in case It was seen fit to carry the lit
igation that far. In event the case was
carried to the superior court of the
land 1t would necessarily delay the ulti-
mate formation of the Greater City for
The petition, in succeeding paragraphs,
is made to involve the annexation of
East Lake Woodlawn, North Birming-
ham, North Haven, Graymont, Elyton,
West End and Pratt City,, along the
same lines in which Ensley is involved.
In paragraph &C. section 105 of the
constitution is cited Nor shall the Leg
islature indirectly enact any such spe-
cial, private or local law by the partial
repeal of general law" Indicating the
manner In which this section of the con-
stitution is violated, it is averred that
Birmingham and the adjoining suburbs
were existing municipalities under one
. general charter known as the municipal
code. 1t is averred the suburbs are de-
prived of their charters and that the
municipal code served the same purpose
of the Greater Birmingham bill in the
annexation of adjoining territory. 1t is
therefore averred that the right and priv
ilege of perpetual succession was de-
stroyed and dissipated and that the gen.
eral law was repealed and abrogated
by the local or special. act, the Greater
Birmingham bill. On this ground the
violation Of section 105 quoted above. is
claimed.
Not Properly Advertised.
+ The constitutionality of the Greater Bir-
mingham bill is further attacked in an
other paragraph by the averrment that
neither the bill nor its substance was
advertised or published once a week for
four consecutive weeks prior to its intro
duction in the legislature. as is required
by section 10s Of the state constitution.
In another paragraph the perpetuation
of fraud is charged. 1t is averred that
the introduction and finad passage Of
the act was procured by fraud, decep-
ton and chicanery" upon the people af-
fected by the act and upon the legis-
lature. This ayerrment is elaborated up
on by the statement that 1t was falsely
stated that the bill had been adver-
tised once a week for four consecutive
weeks prior to It's introduction.
The Greater Birmingham bill adopted
on August 20 last, during the extraor-
binary session of the legislature, Is in
tended to become effective on January
1, 1910. In view of this fact resolution
was recently passed by the city council
of Ensley in which 1t was provided that
the books of the municipality should
be audited in order to get matters in
shape that the affairs of the suburb
might be turned over to the city OF
Birmingham on January 1.
The bill filed yesterday dwells to some
length upon this matter of auditing the
accounts of the city of Ensley..
1t is probable that the petition will
be given an early hearing by the chan
cellor and the outcome of the suit for
an injunction will be awaited with no
little interest.