The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-09-14
CITY ORDINANCES
Ordinance No, 1850
An ordinance to provide for refunding
certain fees collected under ordi-
nance 34J-C.

An ordinance to provide for refunding
certain fees collected under ordi-
nance 34J-C.
Whereas, An ordinance was heretofore
adopted by the city commission known as
ordinance 345-C, which said ordinance
| was adopted on the Sth day of February,
| 1916, and went into effect on the 21st day
of February. 1916, entitled, AN ordinance
to prevent evasion of the ordinances of
| the city of Birmingham and for the pro-
| motion of temperance and concerning the
sale and keeping for sale of certain pro-
hibited liquors and beverages and to re-
duce and discourage the use and con-
| sumption of prohibited liquors and bev-
erages, and to prevent injuries and Of
lenses to the public of the city" and,
Whereas, The city OF Birmingham has
heretofore collected under the provisions
of said ordinance various sums of money,
and,
Whereas, The supreme court of Alabama
has heretofore declared said ordinance
to be illegal and that the city of Bir-
mingham was without power to adopt the
same, and,
Whereas, The commission of the city
OF Birmingham Is of the opinion that
| the city is morally obligated to refund to
all persons who lawfully received liquors
| in the city of Birmingham and who paid
to the city inspection. fees on the liquor
so received under the provisions of said
ordinance;
Now therefore. be it ordained by the
commission of the city of Birmingham,
Ala, as follows:
Section /. That any person, or assignee
of such person, who paid any inspection
fee or fees to an inspector, or deputy
inspector, of the city of Birmingham I'M
der the provisions of ordinance Csc,
may, If such claim has not heretofore
been brought to the attention of the
commission by petition or otherwise, at
any time before the first day or october,
1916, file with the city comptroller a
claim for refund of such fee or fees
so paid. All such claims shall be in
writing and shall be verified by the oath
of the person who paid such inspection
fee and shall be upon a printed form
furnished by the city comptroller on ap-
plication of such person. Said claims shall
show the following facts:
The name of the person paying such
inspection fee, the address (gfving the
street and house number) Of the person
paying such inspection fee. The name Of
the person to whom such shipment was
consigned and the address given ON such
shipment, the date, as near as may be,
on which the inspection was made. the
station. or office at which the inspection
was made.
! Such claim shall be signed by the per-
| son paying such inspection fee in the
presence of the city comptroller or his
deputy.
| AS to all claims for refund of such in
| spection fees heretofore filed with the
| city commission in writing, same may be
considered as filed or be refiled with the
| city comptroller. And as to assignments
| Of such claims. if there be number of
| claims assigned to one person, the filing
| of separate claims upon each separate
assignment shall not be necessary or re-
| quired, and in cases of assignments the
verification may be by the assignee of
| such claim or claims.
Sec. 2 At his convenience, but with
in so days from the adoption of this
ordinance, the city comptroller shall
make an investigation of the records
in his office for the purpose of deter
| mining which of the claims SO filed
correspond with the records made at
the time of the inspection of such
| liquor and for the purpose of deter
mining whether or not the name given
by the person having such liquor in
spected was fictitious or false, or
whether or not the address given was
the bona fide true address Of tho per-
son receiving such liquors. The city
comptroller is authorized to cause an
investigation to be made of all source
of information available. to determine
whether or not the address given was
true and bona fide and whether or not
the shipment so received by such
claimant was legal shipment, and
were such as could be lawfully re-
ceived had, possessed or had in pos
session by the person so receiving same
and at intervals of time not prohibited
by the laws of the state Of Alabama
and the ordinances of the city of Bir-
mingham.
Sec. g. Be it further ordained that
when such investigation shall have