The Birmingham age-herald., 1916-07-09
UNDER IMPLIED POWER

UNDER IMPLIED FOW ER Where bonds have been issued for those purposes under that implied power, II seems to me an injunction ought not to run against them, and your honor ought to indicate whether not it is the purpose of the court to enjoin us from paying interest on bonds of that char acter and then it is a matter fer the city to determine what bonds have been issued for those purposes.
 Judge Sharpe: Yes, l am disposed to allow you all the scope possible in ne- spect to paying interest on bonds, be- cause I rather yet think that all bonds ought to be embraced, ought to be con strued as being embraced within that constitutional provision that can legally be, but, of course, they ought all to De so embraced. In the matter of pointing out what particular bonds now should be named in the injunction, maybe had better be discussed. If it would be q matter of importance to the city to know particularly what bonds.
 MT. Ullman: It is matter or very great importance to us, for the reason, if your honor please that not only the commission hut our comptroller IS 4n- der bond, and he is authorized ana re- uuired to administer that fund for that purpose, and, of course, it Is due the commission as we'll as the comptroller to be advised by the court as to what the extent of his powers are. If your honor will indicate that in your opinion bonds were authorized to be issued for the purposes set down in the charter, sec tion 25 and the section which l have just pointed out to the court, and wlAch are set out in the brief with particular ity then 1t is mere matter of segre- gation of the purposes for which those bonds were issued and as determined from the bonds themselves, and the acts of the city, and that is the ordinances of the city leading up to the issuance Of those bonds
 MT. Benners It occurs to me that we might make the situation concrete " undertaking to agree on an order in line with the expressions your honor has given, and submit them to you in the event we can't agree. It is not unlikely we can agree on the form of an order In line with what the judge has expressed.
 Mir Ullman: But I have never yet un- derstood whether the court is of the opinion that the power to issue bonds is to be implied from these charter on the city.
 powers and those charter duties resting
 Judge Sharpe: In the section which al lows payment of one-half of one per cent on bonds which have been authorized?
 DOES NOT UNDERSTAND
 MT. Ullman: Yes, bonds now authorized to be issued. That Is the question on which I want an expression from the court for our future guidance.
 MT. Bowie: If we could get, that, think we could agree on the form of the order
 Judge Sharpe: Most of the argument, as I understood 1t, by the city, was upon the theory that the construction itself operated to allow the issuance of bonds without further appeal to the legislature. a&
 MT. Benners That was MT Bowies argument and MT. Ullman's argument that the city charter authorized it.
 Judge Sharpe I have not been able to agree with that argument at all. My idea Is that the constitution was not in tended to authorize the issuance of any bonds except in pursuance of law by the legislature. Now, along that line 1t might be interesting to you
 MT. Benners: I am not as hopeless as MT Ullman is about our not being able to frame an order that embo6ies your honor's views; in any event. think 1t is worth while.
 Mr. Bowie: I agree with Mir. Benners suggestion that we endeavor to frame an and if we agree, we can agree; of course, it won't be a consent order
 Mr. Benners: It is simply question of whether we can agree on the form of decree.
 MT. Bowie: If we don't agree on that, of course, we will submit our differences to your honor. What was your honor's suggestion there?
 CITES CLAUSE
 Judge Sharpe was going to say that in the Journal of the Constitutional Con vention, this clause was taken from the re port of the committee appointed to draft an address to the convention upon the adoption of the constitution by it. and reads this way: Bonds cannot here after be issued by cities. counties or towns unless first authorized by a ma jority vote of the qualified electors. with the exception of bonds issued for streets sidewalks and sanitary sewers. the cost of which is wholly or in part assessed against the abutting property"
 MT. Bowie: That in the report of the committee?
 Judge Sharpe: Yes.
 MT. ullman: What committee was that. Ms
 Judge Sharpe: Committee to prepare address to the convention about the en- tire constitutior and to recommend its adoption. Address to the convention it. '