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■ i' >< V'" B^Pve ofk>r for BPiBr .. . • i • • • • \JUiVk •• •• •• •• F. W. Bromberg I 216 North 20th Street. CRIMSOM,WHITE STAFF HAS BEEN ANNOUNCED Jelko H. Cabaniss of Birmingham Is Edltor-m-Chief of University Paper. Tuscaloosa, September 19.—^Special.)— The faculty this morning announced the staff of the Crimson-White, the weekly paper published by, the students of the university. The following is the list of the appointees and their assignments: Jelks H. Cabaniss,'06, editor-in-chief; C. D. Norman, ’07, business manager; H. B. Dent, ’08, assistant business manager; as sociate editors, C, C. Brannen, ’07, H. M. Caffey, Jr., '08, locals; B. B. Noojin, ’08, athletics; J. W. Johnson, '07, alumni; M. H. Goldsmith, '09, exchanges; Helen Vick ers, ’08, C. C. Heidt, Jr., literature; W. H. Fitzpatrick, ’08, college organizations. On the announcement of the representa tive from the law department, the board will be completed and the publication of the paper will be started at once. Mr. Garner, the director of the Glee club, is busy testing the Voices of the fifty or more applicants for positions, and Is gradually “weeding out” those w’hose voices are not up to the standard. A miniature panic was created among the students shortly after dinner today by an unexpected electric storm. With out any preliminary signs of any at mospheric disturbance, a brilliant, flash of lightning allot from the heavens, which following so closely after it as to be al most simultaneous, came a deafening peal of thunder. As the students ran from their rooms to the stoops to see what damage was done, a puff of smoke hose from one end of Woods hall, and for a few mo menta the big dormitory was thought to be on fire. A heavy rainstorm came up a few minutes later and the quadrangle was flooded to a depth of several Inches, but no material damage was done. THE JEFFRSON MATINEE AND NIGHT Thursday, Sept. 20th Bargain Day Matinee The famous Cartoon Musical Comedy. FOXY GRANDPA 25—Clever Artists—25 A nig Beauty t horn*. The Same Big l.aiiRhlnK Show. See the Two Mtaeliev I on * Boy*. PRICES Matinee—Adult*. BOe, Children, 2Be Mg lit—$1.00, 7Be, BOe, 3Be SEATS Oft SALE TUESDAY Two Nights, Commencing Friday, September. With Suturday Matinee. THE IMPORTANT EVENT Julian Mitchell’s MAGNIFICENT PRODUCTION From I lie Majestic Theatre New York “WONDERLAND” Music by VICTOR HERBERT Book by Glen MacDONOUGH Authors of "Babes in Toyland’* COMPANY OF SEVENTY HEADED BY Little Chip and Mary Marble DIG AND BRILLIANT CAST CHALLENGE BEAUTY CHORUS PRICES—Matinee 25c to $1.00 • —Night 25c to $1.50 . seat;s now on sale AM- WEEK Matinees Tues., Thurs. and Sats. Vnnoe <& Sullivan prenent SIDNEY TOLER IS Musical Comedy Drama HOW BAXTER BUTTED IN Popular Price8. Phone 1143. Next Week! A WIFE’S SKt UKT. TIIIIU) AY E., NEAR IflTII ST. Commencing Sept. I7tli SECOND IIH. WEEK 8—HEADLINE ACTS—8 SON SO N E A DELI L A FANNY FRANKEL ALLAN SHAW ED. LA A INK CLEMENSO RRO« STEWART A K BELEY SISTERS WALTER W ASIllU RN A CO. .M A JESTICt.R APH v Matinee Dally Price*: NIkIiI. 15c, 25c. 35e, 50c, 75c. Matinee, 15c, 25c. 18 electric fans going all the time New Gayety Formerly O’Brien Opera House ALL WEEK Ladies’ Matinee Every Day— .. Best Seats 25c ROBIES KNICKERBOCKERS Matinee Prices: 15c, 25c, 35c .Night Prices: 50c, 35c, 25c.. ORDINANCES MUST GO TO COMMITTEES Aldermen Pass on a Question of Much Interest • THE COMMITTEE REPORTS Question of Selling or Giving Away Whisky or Liquor® on Sunday Was Considered Last Night. The question of whether ordinances should be adopted by the Mayor and Al dermen before being read before that body and throughly considered by it was one of the many features of the session of that body last night. This question arose on the report of Alderman Fulgbum of the Judiciary com mittee, and the board twice voted that it would not pass ordinances that had not been read before the body and referred to a committee, giving time for the mem bers of the board to investigate its merits and demerits. The first part of the report referred to the sale or barter of giving away of liquor or intoxicants on Sunday. Alderman Ful ghum moved that the board adopt that portion of the report, which was as fol lows: Sunday Liquor. The committee recommends the adop tion of the ordinance amending the Sun day Belling liquor ordinance.” The change from the old ordinance regu lating Sunday sales of liquor was merely that the new ordinance provides that no sale, barter of gift may be made any where, the old ordinance merely referring to such sale or barter In a saloon. An amendment offered that drug stores be prevented from selling liquor on Sun day except by prescription from a reput able physician and that they be prevented from refilling a prescription for whisky on Sunday. The amendment was lost, the aldermen stating that It was not in tlie right shape. It was moved and carried to refer the entire matter to the city attorney to draw up a new' ordinance including the matter of drug stores refilling whisky prescrip tions on Sunday. Later on Alderman Cooper Introduced another ordinance prohibiting the sale, barter or gift of whisky on Sunday and also prohibiting a druggist from refilling whisky prescriptions on Sunday. The ordinance was referred to the Judiciary committee. On the second part of the report the same question of ordinances being ref^r crd to the committees arose, and the re port of the committee was referred to the police and sanitation and the Judiciary committees. This part of the report pro vided for a change In the plumbing laws. Ninth Avenue Grades. The committee reported favorably on an ordinance providing for the lowering of certain grades at Ninth avenue in con nection with the terminal station, and the report was adopted. The report of the Joint Judiciary and railway committee recommending that the petition of the Bir mingham Railway, Light and Power com pany to lay a track on Sixteenth street, between First and Second avenue, be dis allowed, was adopted. Finance Committee. An ordinance Introduced by Aldermen Fulghum providing for certain under ground conduits for the Southern Bell Telephone and Telegraph company was re ferred to the judiciary and street commit tees. Alderman Heldt reported as follows for the finance committee: The committee decommends that settle ment had with T. L. Bell by which he was allowed to redeem the following im provement assessments without penalty from sale of February 15, 190(1, be rati fied, viz.: Pros. A1818, A2260 and A2703. , That the 19()6 real tax assessment of property In block 861, belonging to Clem Gazzam, be set aside. That the following assessments fey 1906 real and personal taxes be set aside, viz.: Pros. 663, 2985 and 8321, on account of bankruptcy. That the following merchants’ tux as sessments be set aside for reasons speci fied: That Mrs. R. A. Reynolds he allowed to settle improvement Pro. A1710, less 10 per cent penalty. That bond ordinances 290 and 296 be adopted. That, the Mayor be nnd Ih hereby au thorized to refund pro rata share of unex pired licenses on businesses that have been prohibited by law, provided that said unexpired license Is figured from the day the law prohibited such business. That the first meetlngq in November be designated as the date on which the salaries of officials Hiul employes of the city will he fixed. That the petition of R. G. Waldrop and T. N. Williamson be referred to tlie finance committee for action the first meeting In November. That the Mayor, chairman of fire com mittee and chief of fire department be authorized to purchase four horses for use In fire department. That tlie claim for damages of Mr. Slade be disallowed. That the petitions of Policemen J. C. Cole and J. U. Mingea, asking for pay for time lost on account of injuries we recommend that they be allowed half pay. That Policeman T. G. Williams be al lowed half pay for time lost on account of sickness. Sanitation and Police. Alderman field! reported as follows nnd the first two sections wers adopted: The committee recommends that the chief of police be requested to enforce section 1005 of city code against 2111 Ave nue A. Alderman Barbour refused to vote. That the chairman of this committee be Instructed to Investigate and report in regard to the purchase of three dump wagons for street department. The committee recommends that no fish stand be allowed on Twentieth street, be tween Third nnd Fourth avenues, north, on and after October 1. 1906. Alderman Jones moved that the section in regard to the fish stand be referred to the police nnd sanitation committee for report. The motion was carried. Street Committee. Alderman Stockmar made the follow ing report, which was adopted: The committee reedymnends that the petition of the Jefferson theatre to erect an electric sign be granted under the usual restrictions. That the petition of James uden for damages to lot be disallowed. That the engineer be Instructed to draw an ordinance for paving Seventh alley from Twenty-second to Twenty-fourth streets with brick. That Kirkland avenue be rolled at once and put in passable condition. That the engineer be instructed to get a list of all property and send a man to ascertain as to whether or not the owners of property will deed to the city a 25-foot strip for the purpose of opening Twenty-first street and report back to this committee. That the engineer be Instructed to ad vertise for bids for the work under im provement ordinances Nos. 345, 361 and 354. That improvement ordinance No. 368 be amended so that the sidewalks will be four feet wide. That the city engineer and attorney be instructed to draw the necessary ordi nance for a certain re-assessment In block 64 under improvement ordinance No. 280, if necessary. That the street commissioners be au thorized and Instructed to build a bridge on Avenue G and Ele\enth street . That the contract for work (sidewalks) under improvement ordinance No. 337 be awarded to C. M. Burkhalter, for 11150, j he being the lowest bidder. That the work (grading, macadamizing, curbing and concrete gutters) under lm- ! provement ordinance No. 337 be awarded to Dunn & Lallande Bros., for $F>98, they being the lowest bidders. Improvement ordinances Nos. 351, 352, 353 , 354 , 355, 356, 357 and 858 were approved, and assessment ordinances Nos. 286, 301, and others wore also approved. New ordinances as follows were intro duced and referred to the Judiciary com mittee: No. 360—Providing for the paving and improving of Orange avenue from Syca more street to Avenue I and from Ave nue I to Twenty-sixth street. No. 361—Paving and improving Seven teenth street from Eleventh avenue to Fourteenth avenue, and Twelfth avenue from Sixteenth street to Seventeenth street. No. 362—Paving and improving First avenue from Twelfth street to Fifteenth street. No. 363—Paving and Improving Four teenth street from Seventh avenue to Eighth avenue and Eighteenth street, from EigUfch to Ninth avenue. No. 364—Paving and improving Second avenue from Fourteenth to Seventeenth street. No. 365—Laytiig of certain sanitary sewers. Alderman O’Neill reported recommend ing that a license he issued to William Wise for pool and billiard parlor in the Florence hotel building under the new ordinance, and rer#uests from a number of others for license for pool and billiard rooms were referred to the miscella neous committee. Alderman Jones moved that the words “and water" be removed from the offi cial title of the standing committee called the “Fire and Water committee,” and the motion was passed. He contended that the committee never had the water ques tion to deal with and that there Is now a special water committee w'hlch should attend to all the matters pertaining to water in the city. SMITH INAUGURATED. Doubts the Virtue of Governmental In dependence for All Ills. Manila, September 20.—James E. Smith was inaugurated governor gen eral of the Philippines at 1 o’clock this morning. A large crowd viewed the parade of troops. Governor Smith in his address announced that his policy would be the policy of President. McKinley and Secretary Taft, the education and the preparation of the people for popular self-government. Discussing politics, he said: "I personally doubt that independ ence is the panacea for all the ills that people are heir to. Has Cuba found that an independent nationality brings peace and content? Independence without good government Is deceiv ing." Retiring Governor General Ide will leave Manila Sunday for Japan. Was Not on Station. Charleston, September 19.—The Clyde steamship Onondega, Captain i Bunnell, from Boston to Charleston, reported today that Frying Pan Shoals light vessfel was not on her sta tion yesterday. This morning when off Georgetown the Onondaga sighted a vessel in shore under small sail and believes that it was the lightship. No signals were displayed by the ship. Great Loss of Life. Hong Kong, September 19.—It Is now estimated that G000 Chinese lost their lives in the recent typhoons. Re ports are daily increasing the mortal ity. The steamer Monteagle has been refloated. FOR 35 YEARS Suffered Severely With Eczema All Over Body—Examined 15 Times by Government Board Who Said There Was No Cure—An Old Soldier Completely Cured, A THOUSAND THANKS TO CUTICURA REMEDIES “For over thirty-five years I was a severe sufferer from eczema. The erup tion was not confined to any one place. It was all over my body, limbs, and even on my head. I am sixty years old and an old soldier, and have been examined by the Government Board over fifteen times, and they said there was no cure for me. I have taken all kinds of medicino and have spoilt large sums of money for doctors, without avail. A short timo ago I decided to try the Cuticura Remedies, and after using two cakes of Cuticura Soap, two boxes of Cuticura Ointment, and two bottles of Cuticura Resolvent, two treatments in nil, I am now well and completely cured. A thousand thanks to Cuticura. I cannot speak too highly of the Cuticura Remedies. John T. Roach, Kiohpiondalo, Ross Co., Ohio, July 17, 1905.” 100,000 MOTHERS Daily Tell Other Mothers That Cuticura Soup Is the best baby Boap in the world for cleansing and purifying the skin, and that Cuticura Ointment is of priceless value for soothing and healing itching, tortur ing, and disfiguring eruptions. A single application of Cutlcifra Ointment, pre ceded by a warm bath with Cuticura Soap, gives Instant relief, and refreshing sleep for skin-tortured babies, and rest for tired mothers. Bathe the af fected parts with hot water and Cuti cura Soap, to cleanse the surface of crusts and scales and soften the thick ened cuticle; dry without hard rub bing, and apply Cuticura Ointment freely, to allay itching and inflamma tion, and soothe and heal. Cntlcur* Soap, Ointment, and Pille ore •old thfmgbovl the world. Potter Ding A Chem. Oorp., Sole Prop*., lioitoa, mrMailed free, •• flow to Cure Torturia* Uiunort." SMITH REPORTS ON THE PROPOSED BILL Does Not Favor Smyer’s Greater Birmingham Measure GIVES HIS REASONS City Attorney Smith Submits Some In teresting Data and Opinions On the Question of Enlarging the City Limits. City Attorney Ed D. Smith has written a letter to the Mayor and Aldermen re garding the matter of a Greater Birming ham measure, making certain recommen dations and suggestions. He has attached thereto a memorandum of E. J. Smyer's Greater Birmingham bill which was pub lished and discussed In mass meeting sev eral weeks ago. Following is a copy of Mr. Smith’s let ter and the memorandum presented by Al derman John W. O'Neill to the council at its meeting last night: September 18, 1906. Board of Mayor and Aldermen of Bir mingham, Birmingham, Ala.— Gentlemen: Some time since I was in structed to draft a bill in regard to Greater Birmingham. 1 saw in the newspapers that Mr. Smyer had presented a Greater Birmingham bill to the Commercial club, and that the same was being used as a basis of discus sion in the community in regard to the Greater Birmingham movement. 1 pro cured a copy of this bill and went over it carefully, and I herewith attach a mem orandum of my views in regard to it. The Objections. Personally I do not favor It for the reasons stated In my memorandum, which are briefly that It will probably lead to discrimination in taxation, and it will split the city up into taxing and non-taxing dstrlcts, over some of which the city gov ernment will have complete jurisdiction, and over others only partial, and also, I am doubtful as to the validity of some of its principal provisions. My own judgment is that so far as the city of Birmingham Is concerned we ought not to seek legislation with any con ditions and qualifications contained in it. The Greater Birmingham idea, as I under stand it, is founded upon two tilings; the first is that we want at the next federal census to obtain the benefit of a rating more nearly In accord with the true great ness of our city, than that which the 1900 census gave us; the second and more im portant Is that with the settlement of this valley It Is of ever Increasing Importance that the sanitary and police powers be centralized so that the health, good or der and good morals of this thickly settled community can be preserved, and the gov ernment can keep pace with the needs of the citizens. I believe that all of these ends can he subserved by the passage of a bill In the legislature enlarging the limits of the city of Birmingham, to go into effect abso lutely on the first day of January, 1910. This ought to meet the views of the un incorporated territory, and of some of the smaller municipalities, which should be in cluded In Greater Birmingham, who ob ject to coming into the city at this time on account of the fact that they have not yet built up sufficiently and are not yet ready to come into the city. Tf the matter is left to elections of tho people of the various communities pro posed to be taken in, it would be im probable that the city will be properly rounded out for a number of years, and it is probable that the health and good order of the community may be jeapor dized. Wants Two Descriptions. I recommend that the city engineer be instructed to draft two descriptions of enlarged city limits; the first, in addition to the present city limits, to include that territory outside of the city Immediately contiguous thereto which it is absolutely necessary at this time to Incorporate In the city limits, as for instance, Glen Iris, Idlewild, Green Springs Addition, etc. The second to include all of that territory which naturally and logically should be long to the city of Birmingham on tho first day of January, 1910. I further recommend that I, as city at torney, be instructed to draft bill provid ing for the extension by the legislature of the city limits to the limits described in the first bill, as early as practicable; and another bill extending tho city limits to the limits described in the second descrip tion to be drawn by the city engineer, to take effect tho first day of January, 1910. and that this hoard advocate the passage by the next legislature without conditions or qualifications. I have heard it objected that the mere extension of the city limits will not pro vide for adequate representation on tho board, for additional police courts, for the assumption of bonds by the city. etc., with reference to other municipalities which may be taken in In the Greater Birming ham bill. This may be true, and T nm Inclined to think is true, but the general municipal bill, which will no doubt be passed at the next legislature, will pro vide for all of this, and, of it does not, a general bill applicable to cities and towns of this class should be prepared under tho direction of this board and submitted to the legislature providing for these needs, as these matters can only be provided for and taken care of by a general law. Yours truly, E. D. SMITH. Memoranda on Smyer Bill. The city attorney in his memoranda says: The main feature of the bill does not appear to me to he Just: that Is, that there can be districts in the city which are not subject to their full share of tax- i ation, while at tlie same time there are ! other districts subject to the full force of the taxing power of the city. In other words, it appears to me that the bill starts out with a proposition to discrim inate in taxation against some, or, which is the same thing, to grant exemptions to others from taxation. Under our pe culiar constitutional provisions. I doubt the validity of such action. Section 217 of the constitution of 1901 says the prop erty or private corporations, associations and individuals of this state shall for ever bo taxed at the same rate; provided this section shall not apply to religious, educational or charitable purposes: Sec tion 211: “All taxes levied on property in this state shall he assessed In exact proportion to the value of such property.” It seems to me that these constitutional provisions at least render the validity of such action gravely doubtful. But even if It should he constitutional and legal from a technical standpoint. I personally do not approve the Idea, particularly as special provisions seem to bo made for putting into the non-taxing districts the property of those who can afford to be taxed probably better than the ordinary citizen. Technical Objection*. In addition to this general objection, there are then others which might be classed as technical objections, and as to these It Is probably best to go some Into detail. Section 2 provides generally that a city council desiring to annexter rltory not in another corporation may petition the probate judge and have an election called in the territory which it sidesired to annex; the election to de termlne whether or not an annextation shall be had; such elections may be pe titioned for Indefinitely by the city coun cil. There is no time limit within which subsequent election can be had. So that they might be called under the provisions of the bill regularly at from 30 to 50 day intervals, and the residents of the territory in question be greatly harassed In the premises. It may be argued here, as in other places, that no reasonable city council would take such action. And this is true. But in answer to such argument it might also be said that citizens of the community ought as far as possible to be protected from the possibility of harm from unreasonable governmental bodies. If election Is the proper method of set tling whether or not territory shall be annexed to the city of Birmingham, or any other city, then the people of the terri tory in whjch the election is to be held should be protected from unnecessary and unreasonable harassment. As to paragraph 9 of section 2: I fear that I do not exactly catch Its meaning, t says: “The plat or map filed with the •certified copy of the resolution as required herein shalf show’ the boundary of the territory proposed to be taken into the city, all of which territory need not be contiguous to the boundary of ’any other city or town, but Is not to embrace any territory within the corporate limits of another city or town." Undesirable Condition. It will be understood that the map here spoken of Is determinative of the territory to he annexed. this paragraph be accepted at what its meaning seems to be on Its face It wmuld seem that territory not contiguous to a city might be an nexed by it under Its provisions. And if this bo true, It would open the way, it seems to be, to an undesirable condi tion. viz: one where we might have a strip of unincorporated territory Inside, or practically inside of, the Incorporated city, or we might even have our own city limits extending around and embrac ing the limits of another municipality. It seems to me that we already have enough or too much of this condition in ex istence now for the proper drainage, sanitation and policing of certain parts of the olty. Or, even worse, this provision might result in the incorporation Into the city of a portion of territory widely sep arate from the general and logical cor porate limits. Section 3 provided generally for the transfer into a city of over 25,000 in habitants of a part of another city or town. As provided here, a portion of an outlying town might be brought into the non-taxing district of Birmingham, and yet Birmingham be compelled to assume apportion of the bonded Indebtedness of the outlying town in proportion to the amount of territory annexed. In other words, to give a concrete illustration: Half of Avondale might be brought Into Birmingham as a non-taxing district; that is, no municipal property taxes could lie levied on the territory annexed; and yet Birmingham might be saddled with half or even more, than half of the bond ed indebtedness of the town of Avondale, and be compelled to pay It, principal and interest, from taxes levied in the taxing district of the city. Such an eventuality does not seem to me to be desirable. But even if such a course he thought proper. It occurs to me this portion of the bill is open to the objection of being loosely drawn. Parties are designated who arc to say what proportion of the bonded in debtedness of the town whose territory is annexed shall be borne by the annex ing city. But no basis for fixing such amount, such as taxable values within the territory annexed, is suggested. The matter is left entirely to the judgment of what might be called the commission or board of arbitrators designated in the bill, and no appeal from their judgment is provided. Thus great hardship might be worked. Question of Bonds. There la another point that must be considered In this connection: Bonds of a city are contracts protected by the con stitutional guarantees of the constitution of the United States, and of that of Ala bama. The legislature cannot take away from the bondholders of a town their right to satisfy their bunds, principal and Interest, out of certain revenues and taxes' and fail to make a sufficient substitute. This question was thoroughly litigated by the city of Mobile, under one of Us former corporate names, with one Wat son, the case having been decided In the supreme court of Alabama and in the su preme court of the United States, the latter aboqt January, 1886. As before stated, the board of arbitra tion would say what would be a just or fair proportion, for Instance, of the bonds of Avondale, if It has bonds, which should be assumed by the city of Birmingham upon the annexation of the part of the territory of Avondale by the cljy of Birmingham. Suppose the arbitrators, either Ignor antly or fraudulently, should say upon bhe annexation of half of Avondale that the city of Birmingham should assume three-quarters of the bonded Indebted ness of the city of Avondale, when as a matter of fact the half of Avondale an nexed should only Include one-fourth the tnxable values of tile town? Suppoee, then, the city of Birmingham should de fault In tlte payment of t'he principal or Interest of these bonds from Inability to pay? Or suppose that one-half of three fourths of the most valuable property In Avondale being annexed to the city of Birmingham, the arbitrators should Ig norantly or fraudulently say that the city of Birmingham should not justly assume but a small amount of the bonds of the city of Avondale; and suppose the town of AvondHle should then default In the payment of the bonds, either interest or principal. In either of these cases, or in other cases which might be multiplied to some extent, would not the courts be compelled to declare some of this legisla tion, or at least the awards of the ar bitrators, void, upon the suit of the bond holders, a judgment by them and an application by them for a mandamus for the levy of taxes or other proper rem edy? Might it not possibly Involve us In considerable doubtful and undesirable lit igation? Might it not even put art im-. possible condition upon the city? Section 5 provides for the conditions and methods of transferring territory from the non-taxing to the taxing district. Here discrimination is made between the largo land owner and the small, between min ing, manufacturing or Industrial plans or constructions, railroad, street railroad and other quasi public property, and private property. The scheme is this, as outlined: A large territory may be taken In by the city Into the non-taxtng district. Aft er five years the small owner, If his prop erty is not devoted to quasi public use may be taxed. No property devoted to quasi public use may be taxed until 1937; and the owner of ten acres of land, where nobody resides on the land, can never be taxed, except with their consent, for that land. The mere statement of the first dis crimination Is sufficient, but to make the last exception more plain: Paragraph 4 of this section says: "No dwelling huuse situated on a contiguous tract of more than ten acres of land owned by one own er or tenants In common, there being no other dwellings on the tract except for agricultural employes can be transferred from the non-taxing to the taxing dis trict. The intention of the author of the bill was probably, by this exception, to protect the Binall farmer. But, as a mat ter of fact, I doubt If this will have that efTect. No small farmer, unless he is pretty well ofr, can now afford to own land close Into the city of Birmingham, and the ones who would he affected by this provision are probably better able to pay taxes than most of us. Kor Instance (I give several examples on the west side of the city to which my attention has been called), there may be. and no doubt are. many others, Mr. R. S. Monger owns a summer home of twenty-two and a half acres, known. I believe, ns the Old Walker estate, which would come within this exception; the Greene property of twenty acres; the J. R. Smith estate of thirty- acres, and the R. H. Hagood place of fifteen or twenty acres, would all come within this exception. The owners of these tracts of land, from a sense of fairness, might consent to he taxed; but it should rot depend upon their consent If the city limits are extended so as to take them In. Transferring Property. Section 7 provided the method of trans ferring property either now In the city or Complete line of Glover’s Celebrated Dog Remedies AT CUT PRICES. Dent’s, Spratt’s, Spohn’s, Johnson’s & Humphrey’s. Jacobs’ Pharmacy Agents for Vinol, Orrine and Abbott’s Rheumatic Cure. I hereafter to be taken In, from the tax ing to the non-taxing district. In the llrst place, thin privilege is only allowed to those who desire to use the property for a mining, manufacturing or Industrial plant or construction or for a quasi pub lic use; thfis again drawing the distinc tion bettveen property used for those pur poses and private property, to the detri ment of the latter. The method provided for tills transfer is that the person desir ing It may petition to the City Council to that effect, and if three-fourths of the members of the Council vote for it, and it be approved by the Mavor the transfer shall be made. In other words, as this provision is now drawn, the Birmingham Railway, IJght and Power company, the Birmingham Water Works company, or any manufacturing plant, might by pe tition, a concurrence of three-fourths of the Aldermen and the Mayor transfer any property now In the city and used by them In their business from the taxing to the non-taxing district. Of course, under the present administration no such action could be taken. But this is an Impossible condition, and, in my opinion, should not he permitted. We have heard a great deal lately about the corporation in poli tics, and the evils that result or may re sult therefrom. Would not this be a di rect invitation or at least a temptation for all persons and corporations engaged In mining, manufacturing or quasi public enterprises to ente£ into politics to es cape taxation. I understand that Mr. Stnyer expects to amend this section so as to ltave it apply only to territory hereafter taken In. It seems to me, however, that, while such an amendment would be an improve ment upon the law as now drawn In this particular, the improvement would only consist in the narrowing of the force of the provision; and that to entirely remedy the evils which might be caused by this provision it should be eliminated. Section S. In tills section It is provided that the laws and ordinances of the city shall apply to the taxing and non-taxing district, except as provided in the act, and "except as may be restricted by ordinance or resolution." Does this mean that the city council may extend its ordinances and resolutions to parts of the city and not to others, may make them applicable to persons and property In one part of the city and not applicable to persons or property In another part of the city, the basis to be not conditions, but situation? If so, then would not such action be unreasonable, discriminatory and void; and even If valid legally, would It not be arbitrary and unsatisfactory in Its results? Creation of Wards. Section 9 provides for the creation of the wards of the city, expressly pro viding that the non-taxing district, all of it, shall be In one or more wards of the | city. It is evidently contemplated that the j different wards should be made up par- , tially of taxing and non-taxing territory, as the division of the wards is to be ef fected along the line of equality of vot ing strength. This section specifically provides that no person residing iii the j non-taxing district of the city shall have a right to vote at any election held in the city for the election of any city offi cials, or In any other election held In the city which pertains to the government of said city, or to the exercise of the governmental powers, except as herein provided. No general provision is made in the act for the voting of such persons. In fact, the general rule Is that they cannot , vote in city elections. Section 177 of the constitution says Iliat | every male citizen of this state, who is a ; citizen of the United mates, and every male resident of foreign birth who before the ratification of this constitution shall have legally declared his intention to become a citizen of' the United States, 21 years old or upwards, not laboring under and of tlie disabilities named In this article, and possessing the qualifica tions named by it. shall be an elector and shall be entitled to vile at any election by the people; provided that all foreign ers who have legally declared their inten tion to become citizens of the United States shall, If they fail to become cit izens thereof at the time they are enti tled to become such cease to have the right to vote until they become such citizens. The qualifications referred to in this article of the constitution are set out in section and in effect that they are that the person shall have resided in the state at least two years, in the coun ty one year, and in the precinct or ward, three months, Immediately preceding the election at which he offers to vote, and he shall then duly register as an elector and shall have paid on or before the j first day of February preceding the elec tion at which he offers to vote all poll taxes due from him for the year 1901 and for each subsequent year. The disabilities referred to are idiocy. Insanity, conviction for crime, such as treason, murder, mal feasance in office, larceny, etc., convic tion of vagrancy or of selling or buying votes, or making false returns in elec tions, falsely securing the degistration of a person as an elector. Ownership of property or residence in a part of a. ward or precinct is not requisite. It seems to me, therefore, that this provision ex cluding the non-taxers from voting is open to grave constitutional question. But even if this be technically legal or this ' objection waived, as a practical proposi tion, how could they be distinguished and kept from voting? The poll lists fur nished the clerks and managers of elec tions by the probate Judge show those who have registered and paid their poll tax .by the precincts and would not and could not show who were taxers and who non-taxers. Tt would be impossible for the managers and clerks to separate the non-taxers. And even if they should be morally convinced that they were cor rect In attempting to separate some in dividual from the voting citizenship, their attempt to do so, whether right or wrong, might be the cause of more or less serious trouble at each election. The white man of Alabama will not be denied his right to vote, and sometimes he Is inclined to want to vote even if he is not eiflitled to do bo. Many complications and much trouble would result. Besides all this, that is. the legality of the provision and the difficulty of its enforcement, it does not appear to me that within the corporate limits of a city, merely upon a question, of taxation, there should be created a class of voters and non-voters. From the foundation of our government when Ham ilton urged some such provision, states men have feared It as likely to create an aristocracy. This section also seems to allow the governing board of the city to change the ward boundaries practically at will. 1 submit that this is contrary to estab lished law in this city, where the ward boundaries are fixed at this time by the legislature, and further that-some safe guard ought to be thrown around this power. If a governing body of a city should in any election by the people have any candidate or candidates that it fa vored there might, in doubtful times, bo some attempt made before the election to accomplish their end by gerrymandering the different wards of the city. Other Sections. Sections 13 and 14 give the right to con struct in the non-taxing district and as sess against benefited property, sanitary sew'ers, sidewalks and curbing, under cer tain restrictions. Section 35 provides for the collection of a street tax from the residents of the non-taking district for the maintenance of the public roads and streets. Section 1(1, for the payment by the Board of Revenue to the city of one-half 11 the county road and bridge tax in pro portion to property situated within the corporate limits of the city to be used in t'he non-taxing district on* the streets* highways and bridges of the same. If these powers are going to be given and this non-taxing territory is really to be considered as a part of the city, It ap pears to me that the full power to assess for public improvements, full power to pave and improve streets, lay storm and sanitary sewers, curbing and cement sidewalks should be granted to the city; and if such Improvements are assessable in the taxing district they should be as sessable in the non-taxing district against the benefited property. My main reason for saying this is that within a compar atively short time after the bill goes Into effect, if it ever does, the outskirts of the city will be very, very spotted, con*; j sisting of patches of non-taxing territory,' * inextricably mixed up together. It may be necessary to pave or improve streets or build storm sewers to relieve undesir able conditions, and yet this work would be barred by these provisions, as only sec tions of it could be done. Section 18 denies the City Council au thority to cause to be inspected or su pervised the construction of any building' or structure erected in the non-taxing district or to prescribe rules or specifica tions for any such structures or build ings, except as to the sanitary connei* tions of the non-taxing district and the inspection of property for the purpose of enforcing sanitation and the protection of public health. What Might/Be. As the hill now stands, as above Illus trated, the Railway, Light and Power company, the Water Works company, or any manufacturing plant, may have Its property put in the non-taxing district, even though situated in the heart of the city. Some of It Is in fact in the fire limits at the present time. Upon the transfer being aside under this section tile build ing law™ of the city of Birmingham might become inapplicable. We could not con demn any of their structures or do any thing with them, practically, except to see that they are hitched to the sanitary sewer. This Is an impossible condition. It would tend to. ruise the tire insurance rates and to deprive other property of the protection which it would derive from properly enforced building laws. Even if the amendment contemplated to the bill is made, the same argument applies to tii* outskirts of the city which may build up, and probably in some Instances will build up thickly around property which will thus be exempted from the provisions of our building laws. Section twenty provides for the collec tion of license taxes for persons, firms and corporations engaged In business in the non-taxing dislrict, both where capital is employed and where no capital is em ployed. 1 am aware that the supreme court of Alabama, in tlie case of Van Hook vb. the city of Selma, held that for police pur poses merely a license tax might be col lected for business done out of the cor porate limits of the city and in the police Jurisdiction. The meaning of tills decision, however, wTas, it seems to me, that this license was to be collected for police pur pose only, and was to be limited to the ex pense or the approximate expense, of the supervision exercised by the city over the business, and could not be levied for reve nue purposes under any circumstances; the levying of a revenue tax under Buch circun)Stances being practically taxation wdthout representation. In my judgment the license tax Indicated in section twenty w'ould probably be held to be taxation for revenue purposes, and would therefore be Invalid; for, while the amount of the tax is limited and Is not left to the discre tion of the city council to say what tax Is reasonable under the circumstances, still the limitation is seemingly so high and the pnw’er to tax is granted over such occupations, as that a good part of it at least would be taken out of the cate gory of taxation for police purposes merely. Builders In Session. Atlantic City, September 19.—The National Association of the Bullder3 of the United States, in session here today, called on builders everywhere to sustain the open shop as the only sound basis for the employment of workmen. The association declares In support of a trade school and advised builders to insist upon the use of uni form contracts. Good Commissary man who has some knowledge of cutting meat can obtain position of promise at once. Address Coal, care Age-Herald.