The Birmingham age-herald., 1920-06-06

not the letter of the law governing this matter. The president is really so much opposed to making a liberal ap lropriation of money for street main- tenance and repairs that when he comes to the matter of streets, his construc tion of law is so narrow and strict that his interpretation defeats the eviden; purpose of the law to enable the people to provide for the streets liberally as they might choose when the matter is referred to them in an election.
 THE WAYS
 ''The maintenance and repair of the streets can be provided for only in three ways: First. by direct three ways:
 First. by direct
 appropriation by the commissioners
 Secondly. by direct specific tax voted as such by the people upon ref erendum by them
 Thirdly. by the issuance of bonds under the law proposed.
 For nearly three years we have waited and sought for a sufficient ap- propriation by the board of commits sioners in vain. We made a long and earnest plea for a direct tax of 1ls mills in vain The only avenue left was DY DOnu lSSue- W z ASK TOT US COil- sideration. The answer of the presi- dent is that it is illegal. unsafe. un- sound and subversive of the solid fi- | nancial foundation of the affairs of 1 the city.
 "If the interpretation of the law by | the president is correct and sound then l the same objection applies to the s500.- | 900 of bonds for the auditorium, s500,000 for the fire department, $500,- 900, for the city hall, as well others, because they are all provided for by ] the same law The law, or statute, un- i der which these various things are provided for was adopted and ap- proved August 26, 1909, amended and enlarged February 20, 1915. and again amended September 25. 1919. The lan- l guauge of the law as approved in 1909. | 1915. 1919 is practically the same, ex- cept that the law is still more broadly expressed in 1915 and 1919 than it was in 1909 This shows the growth of a more liberal and progressive spirit to- | ward the exercise of municipal powers, 1 when referred to he people in cleo tions as the years have gone by. It was clearly contemplated that the peo- pie of the city should have these things when they voted for them. The law on the subject is as follows:
 BY VOTE
 l Sec 2. That all municipal corpora l tions shall have full and continuing ] power and authority to issue and sell bonds where such issue is authorized 1 by the election herein provided for, | for the following named purposes. to- wit: (4) For the construction of streets and sidewalks and for the repairing aid improving of any street or sidewalk or other public highway, e5) For pur- chasing or condemning any land nec- lessary for street or highway purposes and for improving the same or paying any portion of the cost of such i'm : | proving
 1 This law is so plain, specific, clear and comprehensive in its objects, pur- poses. spirit and language that l can not see how the president h. Bar rett, fell into such an egregious error I in it's interpretation. The law speaks for itself; it is it's own interpreter and makes it's purpose plain. The stability i or instability of the bonds is another and different question which is not dis i cussed in Dr. Barretts letter.
 | "Dr Barrett deliberately aimed to de- stroy the legality, character, wisdom
 and advisa bility of bonds for main tenance, repairs and care of the streets in the eyes of the public by his sug- gestion of illegalty S president of the comm ission. l myself, as commissioner of public Improvements, much prefer
 a direct appropriation by the board ot commissioners, or a specific tax, that
 the board could not use under pres
 sure for any other purpose, but l had
 no choice left in the premises but the | issue of bonds. I had tried the other two methods of getting money and failed. I had not, and have not now the disposition, as the presidents let
 ter would seem to intimate. to over- | load the city with bonds or to destroy 1 the foundation of the city's finances I have sought for three years to be progressive, and prudent, too. with it
 'I believe that the finance depart ment was made for the city and not l that the city was made for the finance 1 department. I had had no other pur- 1 pose in this matter save to do my | duty by the streets the commis- 1 sioner of streets. Dr. Barrett seems to be utterly and supremely in error in 1 pronouncing the bonds asked for as
 contrary to the spirit of the law. Or the contrary. the bonds are legal and
 thoroughly in keeping with the spirit
 purpose and letter of the law. l .'I am afraid that the wish was father to the thought in the distin- 1 guished presidents interpretation o1 l the law. It is humanly possible that may be wrong, but I am inclined tc | think that the president has trodden on unsafe and unsound ground in his
 interpretation of the law.
 1 "I have the written opinion of the | city attorney that these bonds are legal, when authorized by a majority vote of the qualified electors of the | city in an election held for that pur- lpose.
 "One of these days a majority of the board of commissioners will awake to 1 the real importance of the streets as l an institution and asset of the city l The commissioner of public improve ments has a hard and lonesome road ! to travel. It is a long lane that has no turn. do not believe this prob- I lem will ever be satis factorily settled until the people take an active hand in l its settlement. It is practically up to | the people now. They might as well begin to thing about it if they wish to have reasonably good streets in the l future.
 HENRY PAGE BURRUSs, Commissioner of Public Improve ments."