The Birmingham age-herald., 1916-06-20
CITY IS STIRRED BY POSSIBLE OUTCOME
 OF MCDONALD SUIT
tContinued From Page Five)

(Continued From Page Five) l future. However. as to where the city ! would get the money to pay the bond 1 ed interest if they were prevented from
 using this special fund he expressed | no opinion.
 | WEAKLEY'S OPINION
 The question raised by MT. McDon | aid in suit recently filed against the city of Birmingham is not a new one, | and the constitution and the law upon
 which he relies is well known to all
 attorneys" said John B. Weakley, when | asked for his opinion. "The question is | dealt with in the constitution of 1901, | and also in a recent act of the legis- | lature. In the constitutional conven- ] tion considerable discussicn took place | over the practice of public officials us- | ing a fund raised for a special pur- pose in a different manner than that | contemplated when the fund was ere" ated
 "The makers of the constitution were | strong in the belief that the diversion of public funds should be dealt with | in that instrument This was shown by | the section which required bond elec- | tions, and the purpose of the issue 1 of bonds to be submitted to vote of the people. It was also shown in the section dealing with the limita ion on public indebtedness when it was pro- vided that the proceeds of all ooliga- tions issued by municipal corporations should not be used for any purpose other than that for which such ob1iga- tions were issued. It was also shown in the section dealing with the subject of taxation by various cities in the state, wherein the levy of taxes might be authorized by voters ot certain mu- nicipal corporations. It was provided that if any special tax was authorized by an election the revenues derived from such special tax should bc used for no other purpose than that stated in the call for the election.
 WORDS OF CONSTITUTION 'The section of the constitution re- lating to municipal taxation in so far as it affects Birmingham is as fellows: "'216. No city, town. village or oth. CT municipal corporation other than as provided in this article. shall levy or collect a higher rate of taxation in any one year on the property situated therein than one-half of one percent um of the value of such property as assessed for state taxation during the preceding year; provided. further. that this section shall not apply to the cities of Birmingham, Huntsville and Bessemer, and the town of Andalusia, which cities and town may levy and collect a tax not to exceed o-ie-half of one percentum in addition to the tax of one-half one percentum as hereinbefore allowed to be levied and collected, such special tax to be ap- piled exclusively to the payment of in- terest on bonds of said cities rf Bir- mingham. Huntsville and Bessemer, and the town of Andalusia. respective ly, heretofore issued in pursuance of law, or now authorized by law to be fA,, ,iya1yi it,rr n na off said bonds at the maturity thereof.
 'The legislature recognizing the io portance of preventing the div sersion of funds raised by special tax, at the first session after the constitutional convention. enacted the following, which now appears in the criminal code of Alabama:
 FROM CRIMINAL CODE
 "'6S29. Unlawful use of county or municipal money or funds. Any offic of any county or municipality who shall use, direct, order or vote for the use of any public money collected for any special public purpose in any way other than for the purpose or pur- poses for which such money was col lected, or who shall use. direct, order or vote for the use of the roceeds Of any county or municipal bonds scld for any purpose other than the use for
  guilty of misdemeanor, and, upon conviction. shall be fined not less than double the amount of the money used. and may be imprisoned in the county jail for six months at the discretion of the court
 'It has been decided by many courts in this country, decided. m fact, so often that it is recognized everywhere as settled law, that a taxpayer may file bill in equity to enjoin the diversion of funds raised by special taxation.
 q do not like to anticipate what the decision of the supreme court of Alabama will be in the Mcdonald case. I have simply cited a section of the constitution and section of the code that seems to bear upon the question under discussion.
 ''If Mr. Mcdonald succeeds in the suit which he has instituted, no doubt the officers of the city charged with the safe keeping and application of the public funds will hereafter obey the law. What effect this will have upon the city of Birmingham, I am unable to say
 JUDGE RAISES NEW POINT
 ''It is my opinion that the city has no right to use the fund created by section 216 of the constitution in payment of in- terest or principal on the bonds recently issued" said Senator Thomas J. Judge. 'However, I do not believe this question will be adjudicated in MT. McDonald's A|l|S||Ih