The Birmingham age-herald., 1923-08-31
OPP PONEN NTS SE I FORTH VIE WS ON TWIN CITY ME ERGE ER
Hold Consolidation Of Albany And Decatur Is
 Illegal
TENNESSEE VALLEY BUREAU l
 THE AGE-HERALD Decatur. Ala. Aug. 30 1

OechluFt Alhst AuE. 0V
 The following statement of their position in the matter of testing the validity of the laws creating board of commissioners for the consolidated municipalities of Albany and Deca- tur was given to The Age Herald by C. D. Patterson and IA others with request that it be published:
 The undersigned, who composed in part the committee originated for the purpose of undertaking to secure amendments to the proposed bills, having for their object the con solidation of these cities by the five bills which have recently been passed by the legislature of Alabama, and approved by the governor have so far refrained from making any statements through the public press with reference to these bills, but divers misleading statements have been made from time to time in the papers in this and other states, due o fcourse to the fact that these papers were not appraised of the true facts, and in view of these state ments we feel it proper and right to address this communication to you. and request you to publish it in your paper:
 q. Petitions yere circulated in the city of Albany, opposing the passage of these bills without amendments, and these petitions were signed by from 1900 to 1,400 signers (both men and women) and the great majority of whom were legal voters. We know we can say that fully ' per cent, and we feel we can say that a { least 90 per cent of the qualified voters of the city of Albany are opposed to the consolidation under these bills, and this opposition comes not only from those who have here tofore doubted the advisability of consolidation, but also from some of the most ardent supporters of con solidation. The opposition to con- solidation under these bills is based upon the fact that the people feel that this plan of consolidation is fraught, with many difficulties and dangers, and is contrary to the best interest of each city. We know consolida- tion, both in name and in fact, is pos sible under fair plan, but consoli- these bills will only be consolidation fin name, and not in fact, or in spirit.
 Declared UncOnsititutiOnaI.
 ''2. Realizing the many complica- tions which would arise from the passage of these bills, the committee, of which the undersigned are mem bers, sought the opinion of an at torney of high standing, who resided in another city in this state, as to ther constitutionality, and this at torney was engaged, and he gave some ten days to two weeks to the consideration ot the constitutionality of these bills, and he thereupon rem dered a written opinion, and in which he unqualified advised that, in his judgment, the bills were unconstitu- tional, and particularly the bill ex- tending the corporate limits of the city of Decatur, so as to absorb the territory which is now the city of Albany.
 "3. If these bills are unconstitu- tional or if the bill creating a tenn porary board of commissioners is unconstitutional, then every act done and perfrmed by ths commission will be Illegal and this will work untold difficulties in the future. and will bring complications, the end of which no man knows.
 A. To keep faith with those who signed the petitions opposing the plan of consolidation, authorized by these bills, and to avoid a chaotic condition suit has been instituted in the cir cult court of this county to test the constitutionality of the bill annex ing the city of Albany to the city of Decatur, as well as the bill providing a temporary board of commissioners and this case will be prosecuted to the supreme court to avoid the diff culties and complications which will arise if eithef bill is unconstitutional. It is not the purpose of the under signed to try the merits of this law suit through the public press, al- though we confidently believe from the advice of our attorneys, that the bill annexing the city of Albany to the city of Decatur, and of the bill creating a temporary board of com missioners are unconstitutional, and that their invalidity vii certainly be declared by the supreme court.
 O O O
 Don't Desire Strife.
 '5. We are writing this letter to give the public to understand that this lawsuit is not for the purpose of fostering trouble or creating strife, but that it is instituted for the pur- pose of testing certain fundamental constitutional questions which are involved in these bills.
 s.-l,N