Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-01-15
IN THEG0URTS.

| In the city court Yesterday morning
| Judge Sharpe rendered Judgment for the
defendant in the case OF the state of Ala
bama VS.. Southern railway, which is q
suit brought to- reopver the 20 cents
school tax levied by the state on props
erty. in the city of Birmingham for the
use and benefit OF the schools of the city
of Birmingham MN
1t will be remembered that recently a
decision was rendered by Judge Sharpe,
holding the law under which this tax was
levied to be- unconstitutional, in a suit
brought against Tax Collector Hewitt,
for the recovery of the tax which had
been paid under protest. This decision
was not appealed from. and the question
of the constituticna1ityss of the act was
still left in doubf, fnasInuch as 1t had not
been passed on by the supreme court.
But the fact became known that Judge
Sharpe had rendered a. decision. and the
tax collector has been put to great incon-
venienee concerning the collection of this
tax. Considerable sums Of money have
been paid to him under protest by citi-
zens and suits for the recovery of these
amounts may be~breught against him at
any time Besfdes.v many other citizens.
refuse outright to pay, thus forcing the
tax collector to- take Proceedings by law
to collect the tax. =
In view fsthis state of affairs, and in
order to put an end to Confusion, an ami
cable agreement was entered into be-
tween the attorney of the tax collector
and the attorneys of the Southern rail-
way tdat suit should be brought against
the Southern railway tn the name of the
state, for the recovery of the tax, and
that the Southern railway should make
no other defense to the suit other than
the constitutionaltty of the act under
which the tax was levied, so that the
question will be squarely presented for
decision. The case was presented to
Judge Sharpe, who promptly rendered
judgment for the defendant. The record
will be promptly prepared by the clerk
and the case submitted to the supreme
court without delay and counsel on both
sides will urgesupon the court the neees-
sity OF. a prompt decision, in order to set
al rest the questions involved.
In the secoi4d division of the city court
the case of White &. Howe vs. Mercan-
tile Trust and DEPOSIT. company of Bal
timore, is yet@on trial. ~
- CRIMINAL COURT.
In the criminal court yesterday after
noon the case of the state VS.. George
Harnsbergerl murder, was concluded, the
jury bringing. in a verdict of not guilty.
This case has attracted much attention.
The defendant w-rs@ charged with having
killed Willie sStfegaU, negress. in the
basement of the residence OF Judge J. J.
Banks, for whom she was working
GRAND JURY REPORT.
The criminal court grand jury. pre-
vious TO. adjoufning,, handed to Judge
Greene the following report: :.
To Hon. Samuel L. Greene Judge Of
Criminal Court of Jefferson County !,
We, tbs, grand Jury, organized for the
January term, of the criminal court or
Jefferson county, for the year 1897. beg
leave to submit herewith to your honor,
this our partial report:
In obedience to your able instruction.
we have endeayored, diligently and fully,
to inquire into all ntfre cases and cont
plants that have been submitted to us
since our organization, and especially
those cases wherein the defendants were
confined in the county jail, and we have
accordingly. found about sixty-two bills
and delivered the, same in open court to
your ronor. - -
AS yet we have not had the opportuni-
~ TO obey the instruction of your honur-
in the matter of examining the county
JAIL, the county aims. house and the off,
cial .bondso of the so unity officers, and thus
make our repeat Rssto the, conditions of
the same; nor-haves5Me had the oplspr-s
tunity to inguige j into ma ny of the violass
tons OF fleslaWaefahrae In yourhonor's
charges t0tDsuAz ~ >e@psts- s# 7.
We, there fore.s deefI1sit necessary in
the interest fyTfe Justice afd-for the
better proseeution-aof sour public duties
as srana.jurysto. adjourn our body thi7
at which BE Ws,&h} feconvene 70 COM ON.
plete ourasfuu duties and then to respect
fully subniitstosycur honor our final re-
port for said fertn.
RECOMMENDATION
We would recommend TO. the general
assembly such a change in the existing
laws as will give~ths court concurrent
jursdiction>as to air misdemeanors COM
mitted in beats q and 81 in the city of
Birmingha am, AS the-l now exists we
can make no inquiry into a certain class
of cases and crimes, committed in said
BEATS and we believe that the public
good would be best protected had the
grand Juries of this court concurrent jur-
isdiction. e .tfs'f 80
LICENSES FOR 1897. =
We further Recommend that when we
shall have reconyened, as aforesaid we
will make diligent inquiry into all license
cases and proceed to investigate against
all party or parties who have not taken
out their licenses prior to the 18th of
January, as required by law.
Respectfully su omitted,
500 EsnFJ. r. BILLIARD, Foreman
TRUE BILLS RETURNED.
The following. true bills were included
init last batchturned over to the GRIM
inall court clerk previous to adjournment:
Thomas, alias. Tom Parker, and An
drew Pagan; train wFeckng.
4 John and VIII Wilson, Robert O,Con-