The Birmingham age-herald., 1916-07-09
THE COURT SPEAKS

that the injunction will have to De granted in part and refused in part
 And thus was the most momentous judicial decision in the history of Bir- mingham handed down.
 As Judge Sharpe proceeded a iia- logue ensued between the court and the attorneys of both litigants. It was mainly concerning various points of the decision and how it should be con- st,ueJ It was finally decided to have the attorneys endeayor to agree upon the form of the decree. Up to late hour last night neither side had been able to reach an agreement and me form of decree will be thrashed out be- fore Judge Sharpe at 10 o'clock to- morrow morning.
 The decision as rendered oy Judse Sharpe is merely the granting of a tenn porary injunction and does not mean that MT. Mcdonald will be successful to the tull extent claimed in his bill or complaint.
 APPEAL TO BE TAKEN
 An appeal to the supreme court will be taken at once from the temporary injunction granted by Judge Sharpe, and it was stated late last night that there was a possibility that special efforts made to have the highest tribunal review the case before next fall will be success full The supreme court is now In ses- sion and the appeal of the city, it IS stated, will be rushed for speedy near ing.
 The temporary injunction as granted by Judge Sharpe will not be effective until the decree is signed and bond is made by MT Mcdonald. The amount of the bond is left to the discretion of Judge Sharpe and has not yet been fixed. The city attorneys, it is understood will re-
 J,o ot of Mr. Mcdonald at $1G0,000 The bond will be for the purpose of indemnifying the city against loss in the event the su- preme court reverses the decision of the lower court
 It is understood that MT. McDonald will furnish the necessary bond, no matter how large the amount, without hestancy.
 RECEIVED WITH GLOOM
 At the offices of the city commission the decision of Judge Sharpe was received with the utmost gloom. Early statements by the commissioners were quite optims- tic in purport but later in the afternoon after full digest of what Judge Sharpe had decided was known the commission CTS refused to talk for publication. They were solemn in their demeanor and ap- parently were stunned at the possibility of the financial outcome of the case.
 Commissioners George B. Ward and y Levy were in conference at the commits sion offices until~late yesterday afternoon They reviewed the financial standing of the city, but refused to make any state ments as to the future raising of revenue to meet the interest charges on the city s bonded indebtedness, which amounts to more than $30,O0O a month.
 WILL IMPOSE STREET TAX
 It was unofficially stated that a street tax ordinance would be speedily drawn up and passed. This will put tax of $5 per capital and as it is estimated that 25,000 persons will be affected, will bring in $125,o00 in add tional revenue less the cost of collection, which is estimated at about $5000 by the city.
 There is also possibility of a horizon tai raise in city licenses of from 40 to 50 per cent, as that seems to furnish the only source from which additional reve- nue needed by the city to avoid bank rutcy must come. Any raise on the pres ent license schedule. will be vigorously opposed by sthe business men and mer- chants who claim to be overtaxed al- ready. However, Gine the present dire emergency the city commissioners feel that the merchants and business men will do their full duty and no trouble is anticipated in convincing them of the absolute necessity for raising the addi- tional revenue
 It was also learned that the school term would have to be shortened or tuition fee of 75 cents per month for each pupil imposed.
 If Judge Sharpe's decision is upheld by amendment is the only remedy from the intolerable situation.
 PROCEEDINGS IN COURT
 Following is a verbatim stenographic report of the decision of Judge Sharpe and the dialogue of the attorneys with the court at the time the momentous decision was handed down yesterday morning: r@
 T. C. Mcdonald vs. George B. Ward. ct.
 al.. Commissioner of the City of Bir-
 mngham. Before Sharpe J.
 OPINION OF THE COURT
 Judge Sharpe: Gentlemen. have come to the conclusion that this injunction will have to be granted in part and refused in part. As to the bonds which have been recently authorized, I see no necessity or propriety in. restraining the issuance of those bonds. The application for such restraint would be denied As to the injunction asked respecting the payment of the special tax or respecting the application of the special tax, I am of the opinion. and will so order, that, the city should pc enJolned rom applylnS that special tax to any purpose other than the payment of interest on bonds issued prior to the adoption of the con- stitution of 1901, and to sinking fund for the payment of those bonds and to such bonds, if any, as may have been issued by way of refunding those bonds as to either principal or interest. and to such bonds as may have been issued if any, pursuant to legislative enactment ip .forca al the time Of fha adoDtiOn of the constitution of 1901. That is the scope of the decision-I mean of the or der that have intended to make. It is not yet formulated, but will be formu- lated in accordance with that; the decis- ion having been rendered, it is profit less suppose. to invite discussion on it or to give any reasons for it be- cause ! Mr. Benners: would like for your