The Birmingham age-herald., 1909-05-30
JUDGE GREENE EXPLAINS
 RULING ON THE QUESTION
Only One Ballot Will Be Used But the Two Courthouses Must Be Voted On Sep
 arately.

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 q did not decide that there must be two ballots, but that the two proposi- | tions to build a courthouse and jail at Birmingham and a courthouse at Bes- semer must be separately submitted to the voters of the county on the same ballot.
 Tn the case of the Town of Wood | lawn vs. Cain, 135 Alabama, page 269, 1t is decided by the supreme court of Alabama, Chief Justice Mcclellan rem dering the opinion, that where the taxes proposed to be levied are for two or more purposes, 1t is necessary that l the propositions embodying the pur- poses for which the proposed tax Is to be levied should be separately submit | ted to the voters, so that If any voter is in favor of the increased tax for one purpose and opposed to the other pur- pose he can have an opportunity of expressing himself separately as to each proposition.'
 It was generally understood that there would be two separate ballots in the coming bond election, but, as Judge Greene states, only one will be used, the two propositions being presented on the one ballot.
 The announcement that the two prop ositions must be voted upon separately lends excited interest to the bond elec- tion, especially in Bessemer and the southern end of the county. When the Board of Revenue decided to grant i Bessemer S100,000 worth of the bonds for courthouse In the event the bond issue carried 1t was generally conceded that the matter of $6OO,O0O issue would meet with a favorable vote. | However, the double ballot lends feature of grave uncertainty to the election. The outlook is completely changed, and there is now great doubt in the minds of many as to whether or not the proposed Issue will carry.
 If this feeling of doubt and little suspicion spreads, the election may re- suit virtually in one end of the county voting directly against the other. In other words, the people of Birming- 1 ham, or majority of them, 1t is be- lieved, are desirous of seeing the ereo- tion of new courthouse here, while they are indifferent as far as the Bess%-
 
 | rule most likely will work both ways. |. It is thus to be seen that the cleo tors of Bessemer and the adjoining ter ritory can vote solidly in favor of the $100.000 worth of bonds to be used for the erection of a courthouse there and likewise vote unanimously against the S50O,OOO issue to be used for 1aiI and courthouse purposes in Birmingham. The voters of Birmingham and the vicinity may act in like manner. The election, 1t Is to be easily seer might possibly terminate in one of fo,,r ways. The bond issue may be defeated in US entirety, Birmingham defeating the Bessemer proposition and wise versa. An other result might be the carriage of both propositions. Then it may be possible for blrmlngham to carry her end of the pro- posed issue and defeat the s1OooOo issue or bonds with which it is proposed to build a courthouse at Bessemer. LaZ, but not the least unlikely, Bessemer may carry the proposition of issuing $1OoO0O worth | of bonds to be utilized in erecting a courthouse in the suburb and defeat the S5oO,OOO issue to be used for jail and court house purposes In Birmingham.
 Undoubtedly Bessemer Is suspicious of the manner in which the electors of Bir- mingham are going to vote in the election. and for this reason interest in the suburb Is standing at a high pitch. Fearing tho vote here will result In a majority against 1 the Bessemer proposition the electors of the suburb may hedge and reciprocate with a heavy vote against the issue here. It is conceded that the vote in the rural districts of the county will result in goodly majority against any bond issue at all for courthouse purposes. How ever. the vote of the rural electors in the southern end of the county will be more | solid in favor of a courthouse at Bessemer than will that of the electors of the north end in favor of $500 900 issue of bonds for courthouse and jail purposes in Birming- ham. Birmingham, 1t is generally con- ceded, will vote somewhat heavily against a s5oO,0OO bond issue. although 1t Is be- lieved the majority will be in favor of the issue
 The vote in all sections of the coun- ty is uncertain and after weighing the sentiment everywhere with the greatest care an expert prognostcator would be at loss as to how to size up the situation.
 The one proposition Is that the result of the bond election to be held on June 19 is as uncertain as the wind. Apparently Bes- semer is afraid of Birmingham and Bir- mingham is afraid of Bessemer. Conse- quently the field Is open for strenu- ous campaign, which has heretofore been considered unnecessary.
 And still there was no way around the present situation. Had the Board of Revenue called the election for the issue of ,$600, 900 worth of bonds without specify ing for what purpose they were to be used the election would have been illegal
 Judge Greene states that he considers the ruling of the late Chief Justice Me Clellan very conclusive and that he has only followed the ruling of the supreme court of the state. Chief Justice Mo Clellan pointed out In his opinion in the case of the town of Woodlawn vs Cain that were the issues in such elections not voted upon separately it would be pos sible to secure the carriage of iniquitous l.