Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-04-15

rant on the state treasurer for the
amount of said bill; provided, that in no
case shall the amount in any case exceed
the sum of $780, Section of this act pro-
vides that the same fees shall be allowed
for each item of costs specified herein
that are now allowed by law, and section
1886 of the code, by reference to section
2S41 of the code, allows witnesses $3.50
per day and cents per mile for each
mile to and from their residence, etc.
These laws being in full force and effect,
1t must follow that the bill of costs must
be presented to the auditor, and that his
refusal to draw his warrant on the treas
urer for the amount of saidsbill. because
of the charge therein for witness fees,
is unauthorized and therefore that the
demurrers to the petition and these
grounds are not well taken and are over
ruled.
This brings us to the third proposition
raised by demurrer, viz That said clerk
had no official interest or concern as to
whether the states witnesses in peniten-
tiary cases are paid so cents per day or
$1.50 per day, and that said petition fails
to show that said clerk had any interest
in the amount allowed said witnesses.
As before seen, 1t is certainly made his
duty to make out and forward to the aul
ditor bills of costs, including these fees,
and made the duty of the auditor, IL
found correct, to draw his warrant on the
treasurer TO the amount OF Sdlu Dill III
favor of the clerk. He Is therefore made
the agent or trustee for the collection of
these fees, and when collected he be-
comes the disbursing medium. 1t being
made the duty of the clerk to present
these cost bills and of the auditor to is
sue his warrant in favor of the clerk on
his demand in payment thereof, when
found correct, it must of necessity follow
that mandamus at the instance of the
clerk will lie against the auditor on his
refusal to comply with this duty. / am
therefore of the opinion that this ground
of demurrer is not we'll taken and must
also be oyerruled.
See Wood VS.. Morrow, Sc Ala. 1.
Ten days are given for an answer to
be filed to the petition, and If no answer
is filed within that time a peremptory
writ of mandamus will issue as prayed
for.
This; the 18th day of April, 1896.
Eleven True Bills
Were returned yesterday by the grand
jury as follows:
Charles Henry, alias Charles Blalock
alias George Hughes, grand larceny.
VIII Massey, same.s -4.,. ..., sx s.-7 Ia {
VIII Jackson, burglary and grand lar
ceny.
Paul Greenleaf, assault to murder.
Will Keith, burglary and grand lar
ceny.
Fuller Allen, throwing railroad switch.
Dave Carter, grand larceny
Jim Williams, burglary and grand lar.
ceny. & IS R'
Allen Richardson, assault to murder. :
Tony Brown, violating the peace.
Criminal Court.
Argument of counsel was concluded
yesterday afternoon in the case of Con
Sullivan and John Driver, charged with
killing a negro during the strike ct Pratt
mines. 49, s
Under Amusement.
Judge Banks of the circuit court has
taken the case of ]. L.. Chalifeux & Co.
VS.. Mark l.. Potter under advisement.
City Court. sfsz
Sallie Griffin VS.. Southern Railway
company, which has been ON trial since
Monday. will go to the jury tins morn
ing. 49, az. {. Is i. stissss
The Torrey viii Case ~. -
Is being heard by Probate Judge M. 7,
Porter, but 1t II not definitely known