The Birmingham age-herald., 1916-02-02
SECTION 36-F ID BE
 TESTED IN U.S.COURT
Attorney Joseph P. Mudd to Test ConstitutiOnality
 of Law

Section 96-F, which the state su- preme court holds to be the proper thing, will be taken to the United States supreme court by Joseph P. Mudd for final decision. President George E. Ward of the city commission was authorized at yesterday after noon's meeting to sign contract with MT. Mudd whereby this young barris- ter will take charge of the city's case against the Birmingham Waterworks and transfer the fight to the highest tribunal in the country. The contract will be signed this morning. Section 36-F was annulled by the past legislature, but is was in effect about four years, and considerable rev enue, it is alleged, accrued to the city while 1t was in operation. It is for this revenue that Mr. Mudd will lead a fight to make the Birmingham Waterworks company come across"
 If MT. Mudd is successful the city will vote him handsome fee.
 Section 36-F placed tax of 2 per cent upon public service corporations, but the intangible assets were de-
  the right to fix it's own taxation for the privilege of doing business. As the law now stands, the city is allowed to collect per cent of the gross re- ceipts on all public service corpora tions. If MT. Mudd is successful the city will collect 2 per cent on public service corporations for the past four years.
 The summary of routine proceedings at the commission meeting yesterday afternoon follows:
 Approved vouchers and pay rolls.
 Instructed the city enginer to draw an ordinance for the paving of the following streets:
 Eleventh avenue from the east line of Eleventh Place to Tenth street.
 Tenth street. south, from Eleventh avenue to Eighteenth Court.
 Twelfth street from Glen Iris avenue to Ninth avenue, south.
 Authorized the commissioner Of health and education to have printed ordinance No S41-C, regulating the sale of foodstuffs, and requiring certain things to be performed by eating houses.
 Instructed the city engineer to re- port as to the feasibility of erecting an electric light plant in Idlewild park.
 Authorized president of the board to execute agreement with J. P. Mudd re-
 
 to the supreme court of the United States.
 Confirmed assessments under im- provement orginance No. SS6-C, provid ing for the construction of certain sanitary sewers in Woodlawn. Ordered an arc light installed at Twelfth street and Avenue E. south, to be main- tained by the Birmingham Belt Railroad company and the Birmingham Railway, Light and Power company. Ordered F'orty-first street lights now being furnished by Birmingham Railway, fLight and Power company, discontinued, same having been replaced with current from the North Birmingham light plant. Ordered street light installed at Nine teenth street and Eleventh avenue north, to be furnished by the North Birmingham plant.
 Confirmed action of Commissioner Bar Der in releasing certain prisoners from the city jail on probation. Refunded Ives G. Streit 160 on account double payment of city taxes. | Ordered the following street lights in- stalled. to be furnished by the North Bir | mirgham plant: Twenty-sixth street and l Illinois Central Railroad company; Twen- | ty-sixth street and Sloss-Sheffield spur | track.
 | Cancelled assessment of Emma Kicks, l against lot g, block 32, Walker Land con-  No. 1523-C
 Instructed the city engineer to advertise for bids for handling the dry closets in the city.
 Adopted improvement Ordinance No. S93-C, to provide for the construction of certain improvements on Thirty-fifth street, between First and Second alley, Second avenue, between Thirty-fourth and Thirty-fifth streets; also for paving certain alley crossings Adopted grade ordinance No. EPIC, fix ing and establishing the grade of Thirty fifth street, from First avenue to Second alley.
 Adopted grade ordinance No. 223-C, fix ing and establishing the grade of Six teenth avenue, south, from Thirteenth street, south, to Thirteenth place, south. The following matters were referred: To the city attorney: Contract with the Florence Investment company relative to erection of building at Second avenue and Nineteenth street.
 Communication from street commits soner, with instructions to draw an ordi- nance requiring all Carolina poplars to be cut down.
 Petition of the Texas company for the vacation of alley in block 5O3. Claim of Jesse T. Miller for damages at automobile.
 To Commissioner Truss: Communica- ton of J. D. Scruggs relative to lots next to West End incinerator. Communication of Concrete Steel Con- l struction company relative to recreation | of bridge at Twenty fourth street and Village creek