Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-03-31
THE LATEST ALABAMA NEWS
Judge Winter Asked to Issue a
Mandamus
TO STATE AUDITOR PURIFOY
Directing Him to Issue Warrant in Jefferson
County Case to Test an Important
~ Question.

Montgomery, March 30.-(Special)-
w. M. Burgin of birmingham, the clerk
of the criminal court of Jefferson county,
has filed an application in the city court
of Montgomery praying Judge Winter
of that court to issue a mandamus to
State Auditor Purifoy directing him TO
approve and issue a warrant on the state
treasurer for the costs in the case of Hem
ry Johnson, convicted in the criminal
court of Jefferson county of burglary and
sentenced to eight years Imprisonment
in the penitentiary.4. q
The bill of costs was made out and pre-
sented to the auditor, who refused to is
sue his warrant on the treasurer because
the bill contained several items of costs
which he held were put in at higher
rate than was allowed by law. The par
ticular items of costs on which the bill
was turned down were the charges of $3.50
per diem for the attendance of state wit
neSSeS on court to testify on the trial,
the auditor holding that the clerk did
not have the right to put these items in
the bill at more than SO cents per diem,
as specified in the new law which is en-
titled AN act to regulate the manage
ment of state and county convicts"
The old law in effect. prior to the enact
ment of the law cited allowed the state
witnesses 81. so per day for attendance,
and the contention Is that this new act
reducing the compensation to so cents is
unconstitutional because it is in conflict
with the constitutional provision, which
is that each law shall contain but one
subject, which shall he clearly expressed
in its title, and as this new law, in addi-
ton to providing for the regulation of
the management of state and county con-
victs, reduces the compensation of state
witnesses without specifying or indicat-
ing it in the caption, the attorneys for
Mr. Burgin hold that it is in contraven-
ton of this constitutional prohibition.
The new law is voluminous, covering
thirty pages in the published acts and
containing lis sections. Its constitution
atty has already been called into ques-
ton, and the supreme court decided that
section a. which provides the manner of
sentencing prisoners for crime, was I'M
constitutional on the very grounds raised
in the present case; that the title to the
act did not sufficiently indicate that its
body contained such provision. In this
case the decision of the supreme court
was handed down by Justice HARRISON,
Chief Justice Brickell dissenting. This
decision further stated that declaring
section "a unconstitutional operated to
revive the law which was in effect prior
to the passage of the present act
Auditor Purifoy received notice about a
month ago that there was a possibility
that this mandamus might be applied
for and the result is that he has for the
past month refused to issue any war
rants for costs, and will now continue
his refusal until the matter is disposed
of by the supreme court. If the case is
decided against the state it will mean the
loss OF probably $4,000, and perhaps
more, to the state of Alabama, as every
certificate to state witnesses in criminal
cases will at once become worth $1.50
for each days attendance, instead of so
cents, as provided in. the law which is
attacked
The beneficiaries of the victory of the
contestant in this suit will be the buyers
of witness certificates, who have for the
past year been buying them on basis Of
a 50-cent valuation, while If the law is de-
clared unconstitutional, they will at once
become a charge against the state at
value of $1.50 for each days attendance
proven.
Calling Their Bluff
The Journal this afternoon calls a re-
cent bluff of the Advertiser in the follow
ing vigorous style:
1.-THE Montgomery Advertiser says that
it has observed that the Johnston men
here are not putting up any money on
the result. 1t matters not with the Adj
yertiser that it makes false statement
and that statement is proven to be false.
1t never eorrects it and ignores the false
position 1t has placed itself in. AS a
matter of fact, and the Montgomery Adj
vertiser knows it, there are a num-
Der of Johnston men in Montgomery
who are taking all the bets they can get.
They are Offering odds all along the line
on Johnston's nomination. If the Ad-
vertiser is hunting for some Johnston
man to put up some money with and thus
contribute something to the welfare of a
flrst-class newspaper and one of the
fairest and most honest newspapers In
the state, the Journal will take a wager
of from $25 to 800. If it wishes to bet
over 800 and wants to contribute to the
already overlooking wealth of a good
vii
give IL the address of the gentleman in