The Birmingham age-herald., 1921-10-05

land in Birmingham have been pur-
 chased and plans for building have
 been prepared. An additional S5O,OOu
 will be required if adequate build ings and equipment are to be tur-
 nished for the proper care of the uh-
 fortunate young girls committed to
 the institution. Money cannot De
 spent for a better purpose or with
 the expectation of better returns than for the reformation and reclama-
 tion of the girls who, through lack of wholesome home influences, have stepped from the path of rectttude
 and are just starting on the high road to ruin and shame. l trust the blli
 for this worthy purpose may meet with your unanimous support.
 1 SEVENTH-FERTILI TAGS
 There are left on hand fertilizer
 tags which cannot be used unless
 special authority is given by your honorable body. Such authority would | work a saving of approximately l s5,000 to the state.
 EIGHTH-UNINCoR l ASSOCIATIONS
 Under the decisions of our courts Q suit cannot be maintained against an unincorporated association, but such suit must at law proceed against all of the members composing the as- l sociation, however numerous they | may be. In the ease of large asso- ] citations 1t is manifestly impossible 1 to maintain suit naming all of the l members as party defendants, and as lsuch suit on objection of any de- fendant must name all defendants It therefore follows that such organiza : | tions are free to contract without being held liable to their contracts and may with impunity violate laws 1 by concerted action of their members | without any personal or collective re- 1 sponsibiHty. The necessity for such i a law is shown by d recent decision ! of the supreme court in the case or 1 Green vs the Brotherhood of Loco motive Engineers. A jury in that case l held that MT. Green was entitled 10 | substantial damages, but because the | Brotherhood could not be sued as an organization. being unincorporated' he will not be able to reap the bene- |, fits of his verdict.
 In the recent trouble i'll the coai
 mining district the United Mlns 1 Workers of America violated with
 impunity contracts they had maae and by acts of violence destroyed property. Although the organization 1 boasts of it's wealth, the contracting
 parties and the parties whose prop | erty has been destroyed have no re- course because it is impractieable 10 bring suit against the hundreds or thousands of members of the organi- 1 zation.
 No sound reason can be shown why an organization, whether composed ! of laborers or employers, of lndl- ! viduals or corporations, should not
 be suable just as individuals are | suable and. therefore, l recommenu ! the passage of bill providing that
 suits may be instituted against un- | incorporated associations and socle- 1 ties.
 l COAL
 LANDS AND CONVICT LEASES
 At your 1919 session you enacted 1 law authorizing the governor to lh-
 vestigate the feasibility of develop ling coal lands belonging to the Uni-
 versity of Alabama and appropriatlns
 the sum of S250,000 for development
 purposes. After making a careful ln- l auiry into the subject arrived dt | the conclusion that the proposed ue- yeiopment was not practicable q.
 this time. The act further provided l that on and after January l, 1923, It i shall be unlawful for any person to
 lease for hire any state or county i convict to any person, firm or COT i poration.
 Not only has, it been found im- 1 practicable to develop the university
 coal laritIs. but a satisfactory substi-
 tute for the lease system now in et- l feet has not been found. The pres { ent leases do not expire until De- l cember S1. 1922 In view of the fact 1 that the responsibility for the con
 duct of the convict department dur | ing the four years following that 1 date will rest upon the next admlh- 1 istrat tion, I deem it/but just, proper ana expedient that that administra-
 tion should make the plans and put
 into effect the regulations under | which the department is to be con- | ducted at least during its incum-
 bency.
 1 l. therefore, recommend that the
 law be amended so as to extend the
 time for making the change in the
 system to date not earlier than De-
 cember 31, 1924.
 The state health officer has ad- vised me that the city of Talladega
 is without the supply of pure and
 wholesome water which is necessary
 to the health and well being of its
 citizenship and that the city is with | out funds sufficient to acquire it. I
 recommend that such steps be taken by you as may be deemed proper TOT the relief of Talladega and other {, cities so situated with regard to their supply of water It is of particular 1 importance that relief be given to
 Tahadega because the state schools for the deaf, dumb and blind are lo- 1 cated there.
 I ELEVENTH-ADVIC OF SUPREME COURT JUSTICES
 l I commend to your favorable con- l sideration the bill providing that the l advice of the justices of the supreme
 court may be furnished to the gover-
 nor and the legislature concerning the constitutionality of bills pro- posed to be introduced in the iegis- lature and bills pending therein. The economic andNs administrative
 value of this procedure is apparent at glance. If it could have been l followed even during the past few years it would have saved to the state very large sum of money, to say nothing of the administrative confusion and demoralization attend ant upon the notification of the in l come tax law, the road bond amend fment~ and the soldiers poll tax
 amendment.
 1 Within the past year a decision of the supreme court nullified some 25 or 30 legislative acts based upon illusory classifications by population | involving counties or municipalities, and in many cases relating to the collection or disbursement of public
 funds. with serious results to those concerned.
 Outside of these more strl'-ing in stances, our supreme codrs eports present a long succession or leeis'A- tive acts. both general apd .ccal. which have fallen under the judicial
 axe, and many of these which were of the highest value in goyeenmeRfal fina xfCa o. aIy,,ipi St tion rVia1H IWVn