The Birmingham age-herald., 1916-06-20
CITY IS STIRRED BY POSSIBLE OUTCOME !. OF M'D0NALD SUIT John B. Weakley and Judge Comment on the Legal
 Points Involved
THINK LANGUAGE OF
 CONSTITUTION PLAIN
Judge, However, Does Not Believe Legality of Proposed Bond Issues Will Be Affected by
 Decision

The suit for an injunction flied by T. C. Mcdonald to restrain the city of Birmingham from paying interest on bonds issued after 1901 out of the special 5-mill tax. has taken on added importance in the minds ot the people of the city since the statement of President Ward of the city commits sion was published Sunday.
 When the gravity of the situation which would confront the city should MT. Mcdonald win his contention was realized, the ever recurring questions became, twill the city lose in this suit?" and "If the city loses. what will happen?"
 The city will resist the contention of MT. Mcdonald, according 10 informa- tion gained yesterday, and confidence was expressed that he would fail to sustain his contention. However, there was considerable difference of opinion among local attorneys, some expressing confidence that the city was certain to be enjoined.
 Sydney J. Bowie. who is one of the attorneys who will represent the city in the case. stated that he could not at this time outline just what the con- tention of the city would be- tut he made it plain that a strong fight would be made against the contention of Mir. Mcdonald. While he declined to ex- press an opinion at this time as to the probable outcome of the legal proceed- ings, he intimated that he thought the city would win.
 WILL FACE SERIOUS CRISIS
 While the other members of the city commission have not expressed them selves regarding the statement Of President Ward published Sunday. 1t is understood that they realize that if MT. Mcdonald wins his suit, the city will be face to face with most se- rious crisis
 The opinion prevails that there can be no further material cuts in the fire and police departments. and that those branches of the city government have already been cut to the bone. Farther increases in the licenses to an extent sufficient to pay the interest on the approximately $5.000,000 of bonds is sued since 1901 are also considered practically out of the question. In the opinion of some of the bes- osted men in the city on municipal affairs. the schools would have to bear the brunt. "It would mean five months schools in Birmlngnam, was the cOnScFSuS OI opinion, as it was agreed by all that under no circumstances could Birmtng- ham afford to default in the payment of the interest on her bonds. That the city was destined 10 lose her fight. was the opinion of John B. Weakley member of the legislature, who is considered an authority on mat ters relating to tax questions The constitution of Alabama. adopted tn 1901, is specific on the point involved. said MT. Weakley. "It expressly states that no city can levy a tax of more than 5 mills. with the exception Of Birmingham and several others named, which can make special levy of an additional mills for the purpose Of paying interest and retiring bonds is- sued prior to 1901. The city is now and has been using this special fund to pay interest on bonds issued since that time. The answer seems plain to me-"
 Thomas J. Judge, state senator from Jefferson county, was of the opinion that so far as the validity of the re- cent issue of $3,000,000 of bonds was concerned, the suit of MT. Mcdonald would have no effect. He was Of tho | opinion that MT. McDonalS would not 1 be allowed to show that the city in- tended using part of this special fund | to pay the interest on these bonds, as | the law presumed that person was going to act legally in matters of the