The Birmingham age-herald., 1915-10-26
ACTION IS TAKEN
 ON THE ADVICE OF
 THE CITY ATTORNEY
Barber Says He Thinks It Outrageous That Bank rupt City Must Pay Money in Order That a State Elec- tion Might Be Held

The sensation precipitated bS the discovery that only remarkabl~ rapid action could preserve the probability o1 Birmingham having in the future the right to increase it's rate of taxation was accentuated yesterday at noon when Governor Henderson notified the commission by wire that unless s10,00O was deposited to the credit of the state treasury by nightfall, the constitu- tional amendment election could not le- gally be held
 And then as a climax to the series of sensations, Arlie Barber. commis- sioner-elect, entered a violent protest against the city depositing the sum de manded by the governor In the ab- sence of George B. Ward. president, the associate members of the commits sion, Judge Lane and Mir. Weatherly, assuming the responsibility, deposited in the First National bank, to the credit of the state. the amount re- quired.
 This action was taken when Captain Romaine Boyd, city attorney, informed the commissioners that the law made it mandatory that they act in response to the call of the governor-not only in order that the election might be validated, but that their oaths of office might be satisfied.
 Telegram From Governor
 As told in The Sunday Age-Herald. the commission, after a conference Sat urday night. notified the governor that ho hal hut .5., fish his proclamation calling the cleo tion for the indorsement of the Bir- mingham tax rate amendment, and to display it in every voting precinct of the state. Throughout Sunday, no word from the governor was received. Yesterday morning Captain Boyd called the governor over the telephone, and the chief executive, after expressing regret that it would be necessary to hold special election for Birmingham when another for the state would be held in January, declared that he was hastening in the writing of the procla- nation.
 Yesterday noon the governor shifted the burden from his shoulders to those of the commissioners when he tele- graphed that he had been advised by his counsel that unless Birmingham. before the conclusion of the day, de- posited money sufficient to cover the expenses of the election, the election would not be held.
 The commissioners were in the act of reading the telegram when Mr. Bar Der walked into the chamber. He was shown the telegram Immediately he entered his protest
 Acted on B0yd's Advice
 In view of the protest of the com missioner-elect, Judge Lane and MT. Weatherly sought the advice of the city attorney. He advised them to de- posit the money. and they did so. As authority for his advice, the attorney cited the following paragraph of the law under the provisions of-which the amendment will be submitted Decem- Der 27:
 Sec. ?. That it shall be the duty
 or the governor to give notice by
 proclamation to be published in one
 newspaper in each county of the
 state at least eight successive
 weeks next preceding the said elec-
 ton on the amendment proposed by
 this act to be submitted to the
 qualified electors of the state for
 their consideration. together with
 the proposed amendment Before
 making such proclamation the gov
 ernor shall ascertain the cost of
 publishing the notice as herein re-
 quired and shall certify the amount
 of such cost so ascertained by him
 to the governing body of the city
 of Birmingham, and thereupon the
 governing body of the city of Bir-
 mingham shall pay or caused to be
 paid into the state treasury the
 sum of money so certified to them
 by the governor for the purpose of
 paying the cost of the publication
 of the notice required by this act
 So important does the commission re-