The Birmingham age-herald., 1916-06-29
INJUNCTION SUITS AGAINST THE CITY
 ID COME UP TODAY Hearing Postponed When
 Called Yesterday At
 Request of Bowie
CITY WILL FIGHT
 TO THE LAST DITCH
City Attorney Stakes Much On Draw ing First Blood"-Weatherl Confident City Will Win.
 Others Not So Confident

Owing to the fact that Sydney J. Bowie of the legal forces representing the city of Birmingham was still investigating certain phases of the bill of complaint of T. c. Mcdonald, which seeks to enjoin the municipality from issuing s30o0,00O in bonds which were voted on favorably by the electorate on June 5, the hearing scheduled to open in Judge Sharpe's di- vision of the city court yesterday morning was postponed until this morning at 10 o'clock. It was announced by City Attorney M. M. U1lman yesterday afternoon that the city would announce ready this morn ing and would proceed to fight the in- junction suits to the last ditch. The opening gun of the city will be an attempt to force the suits of MT. McDon- aid out of court through demurrers to his bills against the s5OO,000 auditorium bond issue. It will be contended that MT Me- bond issue and the $20oo,ooo scnool bond 1 issue I will be contended that MT Mc- Donald not being a bondholder has no direct interest whatsoever in the issuing of any legal bonds by the city of Bir- mingham or the paying of interest
  created by the state constitution. It is on the demurrers that a hot legal fight is anticipated. as the city's attorneys are stalking great deal on scoring first blood"
 FIGHT FOR EXISTENCE The fight that opens today in Judge | Sharpe's division of the city court Is ono 1 for existence by the city commissioners 1 If the contentious of MT. Mcdonald arc suhtained it was pointed out yesterday at the city hall that bankruptcy faced Birmingham and that meant a financial catastrophe that the city would not re- cover from in 20 years.
 | It was also pointed out by the same ] authority that the city has as much
 chance of winning against MT. McDon-
 aids suits "as snowball has in h--l." 1 This Is the exact reverse of the conh-
 dent feeling of Commissioner James
 Weatherly. The head of the public utili-
 ties department stated very emphatically
 that the legal forces of the city were pre-
 pared to meet ever. thing that the opposi- ton would offer and further had some
 thing up their sleeve that would rout the | CT emy at the psychological moment. l We will win," said MT. Weatherly,
 quietly and confidently, because we are | in the right" a None of the other commissioners are
 apparently paying much attention to the
 details of the injunction fight as from 1 the start everything has been left in the 1 hands of MT. Weatherly and the firm of Cabaniss &. Bowie. who with the assist
 ance of City Attorney M. M. Ullman will represent Birmingham. Percy. Benners. 1 & Burr are the legal representatives of | MT. Mcdonald.
 | A large attendance of the legal fra, | ternity is expected at the hearing this
 morning Property owners and merchants | who would feel the blow if the city should l lose the case are also expected to at- 1 tend the hearings.
 If city should close the case 1t would pro- ceed to make up a deficiency of $250000 in the budget by doubling the present license schedule and the imposition of a street tax on every citizen of 5.