The Birmingham age-herald., 1916-08-01
.ULLMAN DECLARES
 STREET TAX LEGAL
Advises Citizens to Pay Without Protest-Forced
 Collections Begin Today

T am positive that the lawyers who
 are assailing the street tax haven't a
 chance to get anywhere. They cannot
 assail us in the state courts and the
 federal courts are closed to them as
 federal injunction cannot be granted
 unless 1t involves a sum in excess of
 $30OO The street tax is perfectly legal
 and I advise all citizens to pay with
 out protest
 City Attorney M. M. Ullman made the above statement yesterday afternoon in discussing the efforts to fight the latest revenue measure of the city commission. He positively asserted that the street tax was constitutional and that no legal at- tacks against the ordinance would have any success in any court.
 City Comptroller Louis Levy reported yesterday afternoon that about 5000 per- sons had paid their street tax, which made about $75OO collected With the col lection of the tax from all citizens liable under its provisions the city commission expects to raise about $125OO0 In the past two weeks during which citizens were warned to pay their taxes a relatively small number responded and now the col lections by legal means will proceed.
 At 12 o'clock last night the time limit to pay the street tax expired This morn ing the city commission faces the problem of collecting the tax from about 25 900 citizens who are more or less antagonistic to the idea and just what will be done is problem that is perplexing the ruling heads of the local government.
 However. the citv compoisciop x,l,;ya firm in its stand to collect the street tax, will proceed on policy that will not un- necessarily aggrayate the general public. Arrests will not be made for failure to pay the street tax unless citizen makes the definite announcement that he will not pay 1t.
 The moment an arrest Is made some interesting developments are anticipated, as it is the announced declaration of Attorney Horace c. Wilkinson to seek a. federal injunction against the city com mission in behalf of the citizen arrested. According to MT. Wilkinson, the city commission may have the right to levy a street tax, which he doubts, but it cer- tainly has not the right to arrest and fine any person for failure to pay the tax The only remedy, according to MT. Will kinson, is for the city to sue the citizen for the amount of the street tax.
 As to the manner in which the general public regards the street tax opinion is apparently divided. President of the City Commission George B. Ward stated yes- terday that the citizens generally were glad to pay the tax and help the city out of hole. though, of course, there were few kickers.
 1T believe the street tax at this time" said Commissioner Ward, lis not meet ing with any serious opposition. The gen. eral public is familiar with the fact that the. city Is financially handicapped and that the street tax is necessary. Of course, there are few kickers, but these we have with us all the time, and in my opinion the great bulk of the citizens la- ble for street tax will pay without any opposition. If we lose the case in the courts we will refund all moneys col lected."