The Birmingham age-herald., 1911-11-29
DOES REFERENDUM | APPLY ID CONTRACT SIGNED BY CITY? Attorneys Think Laws Pro- vision Applies Only to
 Franchises
SECTION 8 CITED
 AS CAUSE OF DOUBT
Weatherly Admits Number of Attor- neys do Not Think Referendum Can Be Utilized in Pres
 ent Situation

way, Light and Power company llgntlhs contract recently executed may be re- ferred to the people for their vote. It IS claimed that the proposition executed py the city commission, that is, MT EHum and Mir. Weatherly, is only contract and that such cannot be referred 10 the neonle upon a referendum. Section Of inc commission act, it is declared, eX- pressly provides that only as to rrah- chises on public streets, highways ana public structures may the people nave direct voice.
 Several well known attorneys of Blr- mingham yesterday said there was some doubt as to whether the lighting contract can be referred to the people, and while unwilling to express an opinion hastily, indicated that an Investigation would show that the people will not be allowed to in yoke the referendum in connection with this special question. It is understood that an investigation will be made today by attorneys.
 Representative Walker Percy, author of the commission bill and prominent attor- ney of Birmingham, when asked his opin- ion last night, said that he would rather not give one upon the question until he had an opportunity of looking carefully into the provisions of the contract exe-' cuted by the two commissioners and the Birmingham Railway, Light and Power company.
 The section dealing with the invocation of the referendum is here given:
 Words of Section
 'Section 8. No resolution, bylaw or or dinance granting to any person, firm or corporation any franchise lease or right to use the streets, public highways, thoroughfares, or public property of any city organized under the provisions of this act either in under, upon, along, through over same shall take effect final enactment of same by the board of commissioners and publication of said resolution, bylaws, or ordinance in full once week for three consecutive weeks in some daily newspaper published in said city, which publication shall be made at the expense. of the persons, firm or cor pors tion applying for said grant. Pend ing the passage of any such resolution, bylaw or ordinance, or during the time intervening between it's final passage and the expiration of the 30 days during which publication shall be made as above pro- vided, the legally qualified voters of said city may, by written petition or petitions addressed to said board of commission CTS, object to such grant and if during said period such written petition or peti- tions signed by at least 1000 legally quali- fled voters of such city shall be filed with said board of commissioners: said board shall forthwith order an election at which eection the legally qualified voters of said city shall vote for or against the pro- posed grant as set forth in the said by law, resolution, or ordinance. In the call for said election, the said resolution, bylaw or ordinance making said grant shall be published at length and in full at the expense of the city in at least two newspapers published in said city by one publication. If at such election the ma- jorty of the votes cast shall be in favor of said ordinance and the making of said proposed grant the same shall thereupon become effective; but if a majority of the votes so cast shall be against the pas- sage of the said resolution bylaw, or ordinance and against the making of said grant, said bylaw. resolution or ordi- nance shall not become effective nor shall it confer any rights. powers. or privileges of any kind, and it shall be the duty of the said board of commits sioners after such result of said election shall be determined to pass a resolution or ordinance to that effect"
 Only Reference to Referendum
 A thorough search of the commission laws does not reveal any additional passages of that law which deal with the referendum. It would appear that section is the only provision in the bill as to the referendum proposition The lighting ordinance of the commission which runs for 10 years and which was executed Saturday, is said to be without the pale of franchise provision and it is only upon franchise grants that the referendum can be revoked.
 Commissioner James Weatherly. who is very familiar with the commission law, being in close touch with it during the legislature, when asked about the refer endum feature would not authorize an opinion last night He admitted, how ever, that several able attorneys of this city questioned the right of the refer endum in reference to the excuted con tract
 Ensley and Wylam Active
 II is probable that the citizens of Ems lev and Wylam who. it would seem, are most interested in the fight against the contract as executed last Saturday by a majority of the commission, will set about determining the referendum ques- ton at once The indications were yes- terday that a serious mistake had been made as to the first petition not being in accordance with the law and therefore slightly irregular. That mistake was in reference to the strict oath being left off the petition.
 The oath under the commission law must be attached to each petition and the signer must truthfully state whether he has paid all of his poll tax to render hin. qualified to vote at an election. and must give color and residence. However unless it is determined that the refer endum cannot be invoked, there is ex- pected to develop very little trouble in getting the 1000 voters as required by law to pass upon the Birmingham Rail- way, Light and Power company matter
 Judge A. O. Lane in answer to the question whether the Birmingham Railway. Light and Power company con- tract was subject to a referendum un- der the commission law said: T have no doubt that 1t Is. It is true that I have not examined closely the section referring to the referendum. My per sona1 opinion is that the people will be allowed to decide the contract for