The Birmingham age-herald., 1917-10-05
CAIJSED LIVELY COMMENT

The fact that Mir. Ward had volun-
 tarily failed to file his expense account
 Wednesday was the subject of lively
 comment yesterday, but he was ap-
 parently sustained in his contention during the day by formal legal opin-
 ions rendered him by Judge $. D.
 Weakley and Borden Burr. MT. Burr
 was chairman of the committee which
 framed the corrupt practice law.
 Their contention is based on the fact
 that although one section of the cor
 rupt practice law provides that the meaning of the word candidate under
 the statute Is anyone who has offered
 for public or party office, the section
 which requires the filing of expense ac-
 counts calls by name the state and
 county officials to whom it shall apply.
 They contend therefore that the law
 does not apply to municipal officers.
 It was not thought likely yesterday
 that the matter would be carried fur-
 ther. though there were many who felt
 that the intent of the statute would
 make it applicable to cities as well
 as to state and county officers Of Ala bama.
 BURR'S FORMAL OPINION The formal opinion of Borden Burr on the subject was as follows:
 .Tn my opinion section of the act commonly known as the corrupt pract- tice act, and which requires the hnng of itemized statements of campaign eX- lpenditures not more than 10 days nor less than five days prior to the elec- t,on and within 10 days after the election, does not apply to candidates | for the president of the city commls- s;on or associate commissioners of the city of Birmingham.
 "In the first place section express llv defines the candidates who are re- nuired to file these statements. Ihe candidates so defined, aside from state and national officers, are "candldates l for state senate, representatives, m the l llegislature or for any county oIilce ol position." City commissioners are ao' l county officers or county positions. l "Jn the second place. section 25 or | .ha act nroyiding for the election or citv commissioners, and which act was
 nassed and approved at later date | than was the corrupt practice act, nrescribes that every commissioner elected by a popular vote in any such city shall within 30 days after quali- fying file with the judge Of propate l of the county, etc, his sworn itemlzea statement of all his election and cam | paign expenses and py Who" such l funds were contributed
 | Tt follows that candidates for the | city commission are not required un- der the corrupt practice act to Tile 1 statement of expenditures.
 1 Judge Weekdays opinion was more detailed but he reached the same con- 1 clusion. by his failure to file the account. MT Ward issued the following statement, l '.The Barrett forces, foreseeing de- feat and knowing that the voters have already decided to elect me. are now desperately attempting to tie their political fortunes to technicalities 1 They are trying to muddy the waters I and have the people believe that
 am "outlawed" because l did not do something the law does not require me l to do.
 l 'sNeithcr- the letter nor the spirit l of any law has been violated, directly or indirectly, because general election l laws do not apply to an election for I the selection of commissioners. Under l the commission law, which governs l this election, an expense account Is l required to be filed 80 days after qualifying which. must contain q sworn itemized statement of election 1 and campaign expenses and by whom l such funds were contributed.
 Some of the most eminent counsel | in this district, including Judge s. D Weakley, former chief justice of the supreme court of Alabama, have rem dered written opinions holding une- | quivocally that this is the only law applicable to this election. This opin'