Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-04-05
THE LATEST ALABAMA NEWS.
81
Auditor Purifoy's Comments on
the MandamuS Proceedings :
INSTITUTED AGAINST HIM
An x Rays Lecture to Be Delivered in Mont
gomery With lustratons-Child
Burned to Death.

Montgomery April 4.--(Special)-In
the following circular letter State Audi
tor Purifoy comments on the mandamus
proceedings recently instituted against
him by the criminal court of Jefferson
county:
Estate of Ala ALBANIA,
Revenue Department,
Montgomery, Ala, April 3, 1885,
ITO the clerks sheriffs and others inter-
ested in the payment of cost bills in
penitentiary cases:
"A few weeks since a bill In a peniten-
tiary case was presented to me as audi
tor by an attorney representing the
clerk of the criminal court of Jefferson
county, demanding that said cost bill be
examined by me, and If found correct,
as measured by the provisions of AN act
to provide for the payment of costs on
convictions of felony, where the defend
ant is sentenced to Imprisonment in the
penitentiary,' approved February 20 1889
(see pamphlet acts 1S8S-S9, page 55), that
| make the allowance and draw war
rant on the state treasurer for the
amount of said cost BILL This 1 refused
to do, since there have been two later
enactments regulating the payment of
cost bills in such cases. l was then In
formed that judicial proceedings would
be commenced, with the view of COM
to above. On Friday, the 9th of March
last, there was filed in the city court of
Montgomery county by the clerk OF the
criminal court of Jefferson county,
through his attorney, B. M. Allen, pc
tition asking that a writ of mandamus
be issued against me as auditor to COM
pei me to audit and allow said cost bill,
as presented.
THE effect of this proceeding is to call
in question the constitutionality of the
provisions regula ting this matter, of the
two subsequent acts, to-wit: Section 81,
on page 214 acts 1928, of act approved
February IA, 1893, and section "a, page 1853,
acts of 1S94-95, of acts approved Febru-
airy IS, 1895, the first of which was the
guide in the payment of such bills, from
its enactment until the enactment of the
second provision, which has since been
the guide in the payment of such bills.
with this proceeding hanging over
me- have held up the issuing of war
rants on cost bills approved under the
provisions of the latest act to consider
land determine as to what Is my duty I'M
der the circumstances. This circular let
ter is issued to explain the cause of the
temporary suspension in the payment of
cost bills. / have received several let
ters of inquiry from Interested parties
as to the cause of delay. These letters
have remained unanswered for the rea-
son that was not prepared to do so, not
under the circumstances.
after due consideration, and under
advice from the attorney | have
determined to resume the payment or.
these claims, under the latest act regu-'
ating the matter, to-wit: Section "a of
the act approved February 49, 1895, until
further notice. Warrants on the state
trea surer will be Issued for all cost bills
on file in this office without further de-
lay. I trust this will be accepted as an
swer to all letters of inquiry on this sub
ject heretofore unanswered. Very re-
spectfuily, JOHN PURIFOY,
'State Auditor"
An Opinion Expected Monday.
The mandamus case of the circuit clerk
of jefferson county VS.. the state auditor,
involving the constitutionality of the law
enacted by the last Legislature. which
reduces the witness fees in penitentiary
cases from 81 ITO 80 cents per day for at
tendance, was argued in the city court
of this county today. Judge B. M. Allen
of Birmingham appeared for the prosecu-
tors and Attorney General Fits for the
state. Judge Winter took the case under
Amusement and will probably deliver his
opinion on Monday.
An x Rays Lecture in Prospect.
The Commercial and Industrial asso-
citation has arranged with Professor Nc
I<issick the distinguished instructor in
electrical engineering in the Agricultural
and Mechanical college at Auburn, to
come to this city on April 10 and demon
strate the success of his experiments
with the X rays. The professor will IL
lustrate his lecture by means of a ster-
eopticon and will show how photographs
are taken through Opaque bodies. The
lecture is looked forward to with a great
deal of pleasure by the members of the
club and their friends.
A Child Burned to Death. -
A special from Troy, Ala. says:
Lamar the 3-year-old child of l.. Han
son, died yesterday from the effects of
burns received several days ago. Han
son lives in the country eight miles from
here. One day recently while he was
away from home his wife, who was in
the yard about the house, heard the child
scream and, rushing in, found it's cloth
ing on fire. She tore the burning clothes
off as rapidly as possible and sustained
some severe burns in doing so, but with
out avail, as the child continued to get
worse until death relieved 1t of it's suffer
ingS yesterday ia7--
The Alabama Sabbath Association.
The executive committee of the Alaba-
ma State Sabbath association recently
held short session in this city. The at
tendance, while not large, was represent
tative. Rev. E. p. Davis of the First
Presbyterian church of this city pre-
sided over the meeting and Rev. c. p.
Atkinson acted as secretary. The most
important subject discussed was the
proposition to extend the sub-chapters
of the association into the counties OF
the state which have not already been
invaded, and a committee was appointed
to push the work with energy.
The chief object of the association is
to educate the public mind to a greater
appreciation of the sancity of Sunday.
The gentlemen who are the moving. spir-
Its of the undertaking are conservative
and are not inclined to undertake any
rash or extreme measures, and the best
people throughout the state are disposed
to give the society every encouragement,
Mr.. Ellsberry Retires.
Mr.. J. W. Sparrenberger. chief clerk
in the office of the Commercial Fire Inri
surance company of this city, has Rur7i
chased the fire insurance business of s.
A. Ellsberry & Co. and will continue the
business at the old stand, No. IL Dexter
avenue. b. rH,g+l .as
Mr. Caffee Now of the Firm.
The announcement is made today that
Mr.. f. g. Caffee. a prominent young at
torney who has been connected with the
firm of Tompkins & Troy in the capacity
Of an employs, has been admitted to Q