The Birmingham age-herald., 1914-03-24
ARGUMENTS BEGUN
 ON CITY TEST CASE
Attacking COnstitutiOnality of Section 36-F of State
 Revenue Bill

Attorneys for the city of Birmingham and for the Birmingham WaterworlSs company argued the test case yesterday c. B. Smith on the consttutionality of section 36-F of the state revenue bill. The case is the one involving the wa tcrworks company. Superintendent D. J. OConnell having been formally arrested and tried in police court for operating a business without license.
 The appeal was taken to the circuit court and attorneys for the two sides began their arguments yesterday. City Attorney Romaine Boyd and Assistant City Attorney Joe ,Mudd represented the city and Attorneys Walker Percy and John London represented the water works company
 Owing to the regular docket for the rest of the week, the arguments were recessed when court adjourned last night and will be resumed April Il. Section 3e- F is well remembered as the source of much controversy it having been passed by the last legislature and gives corporations certain exemption from city licenses. The city has attacked the con stitutionality of the section and the waterworks case was brought up for a test.
 --~~.-~.~>~~-~~>~~>~-~~ lie organ in this community or any slate of legislative candidates SO much in love with the people could start this cam paign, said pr. Walter Scott "The arguments against such a system are advanced only by those selfishly inter ested in convicts being used otherwise hon pfa ha dc nun, ltor<.t h posed to depriving convicts of fresh air and sunshine, such as is refused or de- nied them in coal mines. I believe they should be placed on our roads and made to put this state in the front ranks when it comes to this kind of progress. The work ing of convicts on the roads has been tried conclusively and has been shown to be unquestionably economical and worth while''
 Dr. w. P. McAdory
 ''I am not inclined to the opinion that it is good for this state to work on our roads those unfortunate persons convict ed of violating our laws said Dr. w. P. McAdory. T feel that 1t Is better to segregate the unfortunates from their fellows and not make them the subject of humiliation and jeers by working them on our public roads. I am in favor of good roads. but l am forced to believe that day laborers could be secured and worked at a cheaper price than convicts. am not convinced that convicts are the most economical. They may De. but l have my doubts. Again l am against the humiliation that attends the public exposure even of convicts to the gaze of their fellows, even if they are creat- ing a better road condition in this state"
 Dr. N. P. Cooke
 'I am very much in favor of convicts on the roads," said Dr. N. P. Cooke yes- terday. "I am so much opposed to our inferior road conditions and am so deap- ly convinced that convicts would provide a better system that am almost willing to pledge my one vote to those legisla- tive candidates who promise the people to work for this system have not as 6 matter of course gone into the matter to any great extent as figures relate to the subject However. there can be no doubt but what the roads are in bad shape all over this county and state. If day labor is cheapest. as some contend. what excuse can be offered by our road officials for the terrible conditions that confessedly prevail in this section. I know that sometVng can be done to better the highway condition. If con- victs are best let them be placed on our roads If day labor is best let that be done. Of all things get better roads.
 s.As far as health and cleanliness Is concerned I am willing to say without condition that the road work Is the best. The open air and sunshine that accom- panies work on roads Is one of the great est things that can be given a man tenn porarily deprived of his association with his fellows.
 we do not confine violator of the