The Birmingham age-herald., 1920-06-15
GREENE DENIES THE RIGHT OF BOARD OF REVENUE TO PAY
 BOND COMMISSION
tContinued from Page Five)

uereQ an election to De nelu III JSlIer- sen county on February 16, 1920, to submit to the people whether or not $5. coo, 900 worth of bonds should be is- sued for the construction of public roads. These bonds were to bear per cent interest. The eletcion was held in pursuance of the resolution of the board of revenue and in accordance ith the statute of the state, and was to the board by the clerk of the cir cult court, sheriff and probate judge, wEo canvassed the returns.
 It is alleged that by formal action of the board of revenue on May 2S, 1920. Weakley and Fies were employed and authorized to endeavor to procure a purchaser or purchasers for S500,000 worth of county road bonds, face value, authorized at par and interest out of the first series, designated as the "series of 1920" These bonds were to bear interest at per cent, payable semi-annually. A copy of the minutes of the board of revenue of the date of May 22 1920. was attached to the pe- tttion as Exhibit B.
 FULL FACE VALUE
 The petitioners, pursuant to the au- thority contained in the resolution of the board, allege that they have at large expense of time, money and ef- fort procured purchaser for the $500 00U worth of bonds. They further allege that the purchaser or purchasers have pur- chased the bonds in the form authorized ard approved by the board of revenue, that the money for the bonds has been paid or caused to be paid into the county treasury for the full face value of the bonds with interest. The pur- chaser or purchasers, it is alleged, have received and now hold the bonds, having paid the full purchase price and interest for them into the county treasury.
 John B. Weakley and Eugene Fies, the petitioners, upon the completion of their services presented and filed their claim for commission with the board of rev enue They claim that they have earned their commission for compensation in negotiating the sale of the bonds in ac- cordance with the agreement and pay ment of the purchase price for the $5Oo,- GOO worth of bonds. This claim, 1t is al- leged, was allowed by the board of rev enue at a meeting of June l2. tran script of the minutes of the board allow ing the claim being attached to the pe- tition as an exhibit.
 IT. accordance with the resolution of the board the warrant for $50,000 was fs- sued to the petitioners on June F. M. V Henry, county treasurer refused pay ID ent of the warrant when presented tc him for payment It is alleged in the petition that the. warrant was presented to MT. Henry in the usual business hours or June 12, when he had in the treasury ample funds from which this amount could legally be paid and in the form contemplated.
 The petition alleges that MT. Henry refused and still declines and refuses to pay the warrants until he is ordered to do so by the court of competent juris- dicton According to the petition a rule nisi to the treasurer to require him to ID. pear and show cause why he should no be forced by the court to pay the war rant, is asked
 Similar facts were set out and tho same remedy was sought in the motion for a summary judgment, which wal submitted jointly with the mandamu' petition and acted upon by the board.
 SPEEDY ADJUDICATION w. K Terry, county attorney, ant Forney Johnston, who is attorney fol the county treasurer ordinarily. repre- sented the board of revenue, which seeking the right to pay the commission 1 to tide the county over the financial diff | faculties. Upon request of the board, MT Johnston joined with MT Terry to repre- sent the board in this particular case Il | order to obtain a speedy adjudication 0 1 the question. Solicitor Joseph R. Tat represented MT Hendy, county treasurer Many interesting facts regarding tn litigation are shown in exhibits to tn petition for mandamus, which form part of the record to go to the supreme court
 l The bond issue was carried by vot of S1S7 for and 977 against the bonds In Exhibit B is shown the beginning 0 the present difficulty, which is tran | script of the meeting of the board ( revenue on May 2S, 1920. It is cited i this transcript that it was formally re 1 ported that unavoidable delay in estar fishing the legality of the bonds had oc cured The Alabama Bond Compan maintained that the county had not full met the conditions of the contract, It set out.
 According to this transcript of minutes 1 1t was set out that the county mus
 secure funds immediately to meet tn
 federal aid for road work. It furthe sets out that the Alabama Bond Con
 pany had done much to secure pun | chaser for $500,000 worth of bonds al; l was willing to do so on payment of
 per cent commission.
 In the minutes of the meeting it wa set out that the matter was discusse by Wallace Caldwell and Dan Dimick the advisory board and that they agre
 to the necessity of funds. Rufe Bivens the board made the motion authorizin the proposition, which was seconded D | T. B. Vines. Tom Huey.' member of tf
 board, opposed 10 per cent comm1ssio
 holding that that was too high. Accord
 ing to the transcript, w. B. Cloe WE
 shown to have taken a similar position
 However, the transcript shows that u
 motion was finally unanimously adopte
 It also shows that suggestion was mao
 by Mir. Huey that work be slowed dow
 until the financial situation Of the coun
 could be worked out.
 FIXED BY LAW
 Exhibit c Is the claim of the petition
 CTS, John B. Weakley and Eugene Fie
 for $50,o0O which is their commissit
 which. it Is alleged, does not include e
 penses for a bond attorney to pass upt