The Birmingham age-herald., 1924-01-01
ENJ0|N BOARD USING l AK r J N D.S
City Of Birmingham Springs Surprise On Jefferson Coun- ty Monday Morning By Ty-
 ing Up Road Revenues
INJUNCTION IS GRANTED BY JUDGE w. M. WALKER
Attorney Wynn Maintains Re- turns From 10-Cent High- way Impost Is A Trust, And Claims $216,OOO

Upon petition of City Attorney W. J. Wynn temporary injunction was granted in chancery court Monday morning at Il o'clock to the city of Birmingham to prevent the board of revenue from diverting or using for any purpose the funds collected this year as the city's share of the 10- cent special road tax. The injunc- tion was granted by Judge William M. Walker.
 The city commisson. in whose be- half the temporary injunction was issued, was required to furnish bond of $500. such bond being required in all cases where temporary injunc- tions are granted.
 The injunction was obtained at a time when collection Of county funds is at it's height and there is likeIi- hood of the county's treasury being as nearly full as it will he during the whole year. It was estimated Mon- day night that the board of re"c already had ro'lo-t i aba',. blu.spa of this .@a" ',r Eear; Ti.e iti- jCnctiot +,aH; Enc | r,,r1 cfns revenue 2.t. sps5A4ng tnIs tund i9c any oth purpose or diYertYng it .a any oth fa..,
 The ii=a,=e.+.e vas hasea on tae theory t4-t t-.nc md va
 
 the city aEd tha trh la"4 -.. fund ma. b. y",sel ,,rn using i- for any other purpose. An acctun1- ing was also asked to determinB ,h, exact amount of this fund and swaac part of the total amount is due the city. Al
 Estimates yof the amount ( aired by the cityY Vary, but city ( fiets $ .elalta nol nsyne9ts hay beet total amoiints to sbout S218,GadA A Long Fight.
 According to law which has bets in effect several years. the county- collects a special 1o-mill ta& pr sll roads. and the city co nmi ssoN claims that the city is ertitltd tp e-half of the tax coll ,ted op property within the city lisilts
 The position of the noait ot revenue. as explained by oae og taa members Monday nignr. is hat when the board took ove5 the cor- in the city, as required by act at rlie legislature, it ceased to b Iile for this amount of the tax, az d Was paying for streets and TO ,s former ly paid for by the city lnl 5cp vc' ments on First avenue ar! in &"t- wood and construction or .' nJi tA~ and south and east-and4"Cvl l,-i.- ways through the city were referred to aS examples of the county spend- ing hundreds of thousands of dollars for roads and other highways that naturally would have been paid for by the city
 "The board of revenue has spent hundreds of thousands of dollars on roads and streets entirely within the city and in no way connected with the county road system,' this mem- Der said. When the county as- sumed responsibility for these roads. the board of revenue assumed that this was the way it was to pay what it owed the city,
 An attempt was made some time ago to get bill through the legisla- ture requiring the payment of the city's share of this joint fund to the city officials. but this bill failed to pass A mandamus was also asked and obtained to force the board of revenue to pay over this tax money; but after going to the supreme court and being sustained. it was found that there were no funds in the county treasury with which to mako payment.
 The next step in the proceedings expected is a motion by attorneys for the county to have the injunction dissolved.