The Birmingham age-herald., 1921-05-08
IMPORTANT ISSUES
 IN COUNTY SETTLED
 BY DAVIS OPINION
Legal Payment of Road War. rants Upheld In Recent De- ciSionS of Alabama
 Attorney General

So much interest has been aroused
 by the recent opinions of Attorney Gen.
 eral Harwell c. Davis regarding the
 restoration of the strip of Jefferson
 county which figurel so prominently in
 the last campaign for board of revenue and the payment by County Treasurer
 NJ. V. Henry of certain road warrants, that the two opinions are here given in full as matters of general information.
 Attorney General Davis opinion return
 ing to Jefferson county the slice of ter | r:tory transferred in 1915 follows:
 May f. 1921.
 Hon. Charles F. Mccall. Chief Examiner | of Accounts, Capitol.
 My Dear Sir: Hon. M. V. Henry, | treasurer of Jefferson county, was charged by the examiner of accounts l with warrants amounting to T,537.91, which were considered illegal by the ex- aminers of accounts because issued for
 road work alleged to have been done In Tuscaloosa county. This office is advised that the road on which the work was dono lies entirely within that area which was attempted to be transferred from Jefferson county to Tuscaloosa county 1 by the act entitled. An Act to Change l and Define the Boundary Line of Jeffer- son County Between Said County and the County of Tuscaloosa approved September 2s, 1915. Local acts of 1915, page 491. Ut will be assumed that but for this act the road would be within Jefferson county. The question is the validity of | these warrants.
 | "The House Journal shows publication of notice of this act in the county of Tus- | celoosA but fails to disclose any publfca- 1 ton of notice in Jefferson county. The Senate Journal shows publication of | notice in both counties. The act applying l only to two counties is local Constitution
 1901, Section 110) and notice thereof should | have been given in a newspaper pup lished in each county affected. and proot | of such publication is required by the | constitution to be spread upon the Jour | nal of each house of the legislature. The courts are required to declare invalid every local law when the journal of l either of the houses of the legislature fails to affirmatively show publication, I of notice as required Constitution lsol. l Section 106).
 "The House Journal failing to affirm atively show that publication was made | in Jefferson county, this local act must
 be declared unconstitutional and volo' Sellers vs. state, 162 Ala. 36; 50 soutn' S4V- l | crepancy in the line between the two counties as defined in the published mo-
 tice and the enacted bill. As the act Is | invalid for reason heretofore set out, It Lis unnecessary to determine the suIli- ciency of the notice The Allowing au-
 thorities consider this point. Mayor oi
 Ensley vs Cohn, 149 Ala, Si6 42 south,
 s27; Bram vs. state' lS Ala, o.s. =, ., i south 10s; McGhee vs. the state ex Tel | Tk 1nl1th S14.
 | "In my opinion the warrants are vaiio l if regular in every respect except the objection assigned by the examiner or ac- counts. that Is the road was transferred from Jefferson county to Tuscaloosa county by the local act approved Sep
 tember g. 1915. supra Yours very .ruiy' Attorney General" OPINION ON HENRY CASE | Attorney General Davis opinion re- lieving Treasurer Henry follows:
 "Montgomery. May 4. 1921.
 .Hon. Charles B. Mccall. Chief Exam iner of Accounts. Capitol.
 My dear sir: The report of the ex-
 aminers of accounts relative to Hon.
 M V. Henry, treasurer of JeHerson county. classed large number Of war rants as illegal because the contract under which such warrants were is- sued was a contract for the construc- l tion of public roads and was made by rha board of revenue of the county lwithout advertising as required by Section ii of what Is known as the Goode act, Acts, 1915. page 57s. am requested to advise as to the legality or these warrants. It will be assumed that the warrants arc, in all particulars regular unless the failure to advertise as required by said Section II invaI-
 idates them.
 By a local act approved March 5, 1903. provision was made for the con- trol. working, maintenance, building and improvement of the public roads and bridges of Jefferson county. O1ocai acts, 1903: page 127) Terry's local
 laws of Jefferson county, 626. Section of this local act provides among other things that the power to make all con tracts Ia hereby vested in the board of revenue of said county. Section II of the same act authorizes and em- powers the board of revenue to work, build and maintain the public roads under the contract to tho lowest bidder or by working the roAde with labor en- ployed by said board of revenue. The entire act evidences an intention on the part of the lAwmaker to vest in the
 toArd of revenue full authority to con tract relative to the public roads as that board In Its discretion deems best. There Is no provision in this local act requiring advertisement prior to mak- ing such contracts. In construing a