The Birmingham age-herald., 1916-07-11
Text of Decree Gives Little Hope for City to Meet
 Situation
CERTAIN SUBURBS
 NAMED IN DEGREE
Portion of the Five-Mill Tax Can Be Used for Interest on Portion
 of Their Bonds

At 2:15 o'clock yesterday afternoon | Judge H. A. Sharpe signed the order which granted a temporary injunction to T. c. Mcdonald against the city commis- sion of Birmingham from using the spe- cial tax of five mills for any purpose but | that prescribed in the state constitution. Judge Sharpe set the bond at s50OO and Hs soon as that bond is accepted the clerk of the court Is instructed to issue a writ of injunction against the ctiy. T am mighty glad that decision has been arrived at," said Judge Sharpe. ''as I put in a great deal of work on this case. I think it clarifies the situation, and will not injure the city,
 It was again indicated yesterday that special efforts would be made to induce the supreme court now in session to make the appeal from Judge Sharpes decision preferred case.
 Following is the official order of Judge Sharpe which restraints the city commits sion from using the special tax of five mills:
 This cause came on to be heard this day, upon complainants application here III Illcu, 1OE d illJuiiStiOh NihSa was submitted upon said application to- gether with the bill of complaint as amended and sworn to, and the answers thereto amended and sworn to, and thereupon after argument of counsel for the respective parties and after considera- tion, it is ordered that insofar as such injunction Is sought to restrain the re- spondents from issuing or selling the bonds of the city of Birmingham to the amount of $2,00O,0O0, authorized by vote of the people on June 5. 1916 for the pur- pose of building public schools, etc., and from issuing or selling the bonds of the city of Birmingham to the amount of $500, 900 authorized by vote of the people on June 5, 1916, for the purpose of building an electric light and electric power plant, etc., and from issuing or selling the bonds of the city of Birmingham to the amount of $500, 600, authorized by vote of the peo- pie on June 5, 1916 for the purpose of building a combined auditorium and city hall, etc., the said application be and it is hereby denied.
 It is further ordered that upon the complainant entering into bond in the sum of $5000 conditioned as required by law and with the sureties to be approved by the clerk and register of this court, the clerk and register of this court shall issue a writ of in- JuHCIlOn restraining anu tIlJOllllIlS lHo respondents, until the further orders of this court, from using any portion of the taxes collected by the city of Birmingham from the special tax of one-haf of one per centum which it is authorized to levy and collect by sec tion 216 of the constitution. otherwise than for the payment of the interest on bonds of the city of Birmingham issued prior to the adoption of the nf md a q then expressly authorized to be is- sued by some act or acts of the leg islature or the general assembly of Alabama, including bonds heretofore issued and bonds which may hereafter be issued to procure means to pay for street and sidewalk Improvements and sanitary or storm sewers, the cost of which has been or may hereafter be assessed in whole or in part against the property abutting caid improve
 ments or drained by such sanitary or storm water sewers and for sinking
 fund to pay off such bonds at the ma
 turity thereof. and for the payment
 of interest on and for sinking fund
 for any bonds which have been or
 which may hereafter be issued for the
 purpose of funding or refundng any
 bonds hereinabove mentioned as
 bonds to which such special tax may
 be applied; provided that such part
 of such special tax as has been or
 may hereafter be levied and collected
 from property situated within what
 were the corporate limits of the towns
 of Ensley, Pratt City, Vivian, Avon
 dale and Woodlawn, at the time of
 their consolidation with or annexa-
 tion to the city of Birmingham, may
 be applied to the purpose stated in
 the call for the special election held
 by said towns for the purpose of as-
 certaining whether said tax should
 be levied.
 Ordered this the 10th day of July,
 1916 H. A. SHARPE,
 Judge of the City Court of Birming-
 ham.