The Birmingham age-herald., 1916-05-21
WEATHERLY OPENS HIS FIGHT ON LIGHT PLANT BOND ISSUE Claims Present Advertising Campaign Against It Be- ing Conducted Illegally SURE PEOPLE WILL
 RATIFY THE ISSUE Gives Figures to Show Wherein the Present Plant Is Justifying It.
 self by Saving Consum-
 CTS Money

James Weatherly, commissioner Of public utilities. opened the campaign yesterday for the s500,O0O municipal ment justifying this expenditure of public moneys in order to "break the present monopoly of the Ala bama Pow CT company as exercised through it's agent, the Birmingham Railway, Light and Power company" Commissioner Weatherly also called attention to the illegality of the advertising campaign now being conducted to defeat the cleo tric bond issue.
 In his statement MT. Weatherly re- viewed the entire situation from the election in 1909 when the electorate was called upon to vote on whether the North Birmingh gham plant should be sold to the Birmingham, Railway, Light and Power company, which was defeated by an overwhelming majority.
 "In fact" said Commissioner Wealth. erly, "the referendum of 1909 was san imperative command to the municipal government that municipal ownership was desired. At that election the Bir-
 
 company, after an aggressive campaign, not unlike the present one, mustered only 162 votes, or less than one-tenth of their own employees. That was in 1909, when the idea of municipal own ership was very young, so what will be the answer of the Birmingham vot- CTS on June to the present illegal advertising campaign now being con- ducted to influence public opinion ho nm inir a1o frto ornIe epfr CLAIMS ADVERTISING ILLEGAL
 "The Birmingham Railway, Light and Power company has resolved itself as the community's best adviser from the standpoint of being the citys largest taxpayer Their kindly and disinter- ested and unsought advice is, by the way, corrupt practice act according to the acts passed by the last legis- lature, An opinion on this law by City Attorney M. M. UIlman follows:
 Commissioner James Weatherly, City.
 "'Dear Sir-Pusuant to your request for an opinion as to whether or not the advertisements appearing in the daily press, signed by the Birmingham s Largest Tax Payer, and in opposition to municipal electric light and plant bond issue. is in violation of an act by the legislature, known as "The cor rupt practice act,'' beg to say that I have examined this act and under sec ton the newspaper advertiseme ment having reference to an election shall bear upon the face thereof the name and address of the persons or commit : tee causing the same to be published, and the failure to place thereon the name and address of such person, or the printing or publication or circulation of such printed matter without the same bearing upon the face thereof the name and address of such person, is declared to be a corrupt practice. Section 10 provides that all po- litical advertisements appearing in a newspaper shall be marked paid adver- tisements," and any person who pub fishes or circulates any campaign lit erature or political advertisement with out the same bearing upon it's face the name and address of the person or committee causing the same to be pub 1iShed, or any person or owner of any newspaper who publishes a political advertisement in a newspaper without the same being marked paid political advertisement" is declared to be guilty of corrupt practice.
 "Under section IS. subdivision [, it is made a corrupt practice for any bus mess corporation, incorporated under the laws, or doing business in this com monwealth or any officer or agent act ing in behalf Of such corporation, to directly or indirectly give pay, eXpend or contribute or promise to give, pay, expend or contribute any money or oth- CT valuable thing in order to defeat any question or proposition submitted to the vote of the people.
 By section IA the penalty for viola ton of the act is fixed at fine not exceeding $500. and to also be impris- oned in the county jail or sentenced to hard labor for the county, at not more court.
 by the commission shortly after the Legislature adjourned. all misdemeanors under the laws of, the Atate are made violations of the city ordinances and a prosecution under this statute could be instituted either in the recorders court or in the criminal court of Jefferson county. Respectfully submitted
 M. M ULLMAN, @ "tCity Attorney
 Other than being a corrupt practice,'' continued MT. Weatherly,i the Birming- ham Railway, Light and Power company is spending from 5000 to $150O week of money out of the consumers pocket. The evident purpose of these illegal ad- vertisements is not only to influence the public but also to influence the newspa- pers themselves"
 GOES INTO DETAIL Commissioner Weatherily then plunged into the subject of the municipal light
 (Continued on Page Nine)