The Birmingham age-herald., 1916-03-12
DESIGNATED COMMODITIES

LII lue there are prOV1S1OnS expressly comforting upon the cities power to require inspection of desig- mated commodities to the end of pro- tecting the public against noxious qualities that may be injurious to the user but in them there is no power specifically granted to make inspec- ttions of the kind provided for under this ordinance, nor is any such power to be implied from the terms of the statute granting general powers to cities.
 "In requiring the citizens to pay for inspection of the kind here directed, whether done to promote temperance, raise revenue or for other purpose, the ordinance is unreasonable. In so far as it operates to restrict the ditizenS s al- 1owance of liquor to a quantity be- low that allowed by the state statutes, the ordinance is inconsisentet with the policy of the state, discenible in those statutes For these, if not for other reasons, the ordinance must be pro- nounced invalid, and because of such invalidty, expenditure of public funds for it's enforcement is unauthorized
 "The city has no right to pay it's debts from fees illegally collected. In due and legal course, debts contracted ln the en- forcement of this ordinance will tA paid from funds legitimately raised. Because complainant's property may by taxation be subjected to the maintenance of such funds, he is financially interested in pre- venting the diversion of them in improper expenditures. and to that end he is en- titled to injunctive process.
 "H A. SHARPE. Judge Fourth Division of the City
 Court..'
 At the city hall the announcement that Judge Sharpe had declared the liquor in- spection law invalid caused consterna- tion among the commissioners and at taches as it brought forward again the spectre of financial embarrassment, and the further embarrassment of enacting on the statute books the much discussed and disliked street tax
 This brings us back to the street .aX," said Commissioner Ward; lit means that something will have to be done immedi- ately to secure funds for the city The knocking out of the liuor inspection law removed one of the best taxation laws the city of Birmingham has yet enacted"
 The liquor inspection law was passed by majority vote of the city commits sion on February g. Only Commissioner James F. Truss dissented, and in explain ing his vote said
 This is a hold-up measure. We might as well go out in the street and hold pistol to a mans head and rob him. It is illegal and unconstitutional, and I am bit terly opposed to it.'
 However, despite the many denunciatory speeches of Commissioner Truss against the liquor inspection law, it was passed and went into effect on February 21 with Dr. F. B. Sutton, an appointee Of Com missioner Arlie Barber as chief inspector with IS assistants. Dr. Sutton was paid $1SO0 a year and the deputy inspectors $15 a month.
 But while Commissioner Truss agreed like MT. Ward, that the liquor inspection law was purely a measure to secure ad- ditional revenue he refused to vote for it and suggested that the street taxing ordinance be substituted On the other hand Commissioners Barber, Weatherly and Hornady looked askance on the street ordiance, but with ap1robation on the liquor inspection law, and with Commis- sioner Ward voted that way. Their dis appointment on the fact that it was de- clared invalid yesterday by Judge Sharpe was great.
 WHAT COMMISSIONERS SAY
 Here is what they say on the decision of Judge Sharpe:
 we will appeal from the decision of Judge Sharpe" said Commissioner Bar Der, ito the court of last resort, first to the state supreme court and then, if legal ly possible, to the United States supreme court. This fight has just begun. I am rot lawyer, but I believed the liquor inspection is constitutional.
 'As to the possibility of the street tax coming back to life because of Judge Sharpe's decision. that is problematical. l do not think it would be wise to sub stitute the street tax because we were prevented from enforcing the liquor in spection law. l will oppose the street tax ordinance if it ever comes up before the commission"
 Commissioner Weatherly said: Until the supreme court decides the situation as I understand it will remain in statu quo. Of course there are visions of a street tax in the offing, but until we confer on the matter I have nothing to say officially
 While l approved the liquor inspec- ton law from a moral standpoint in that it would decrease the consumption Of liquor" said Commissioner Hornady, T doubted from the very first it's legality. However. hope the supreme court of the state will see the justice of the conten- tions of the city in reviewing the case whein it comes from the lower court. We