The age-herald., 1898-09-18
BILL IN CHANCERY
 IN THE CITY COURT Filed By Steiner Bros. Against B. N.
 Long and Others. WANT RECEIVER APPOINTED For Certain Lands in Walker County
 Pending an Accountant. FIRST BLOOD FOR DEFENDANTS In the Right of Way Proceedings Insti- tuted by Pioneer Company-Com- plaint Amended Under Stat
 utory Act.
WANT RECEIVER APPOINTED
FIRST BLOOD FOR DEFENDANTS

Steiner Bros. have filed a bill in chancery In the city court against B. M. Long of Corona; the Georgia and Alabama Coal company of Carrollton, Ga. the Dora Coal Mining company of Walker county and the Ivy Coal and Coke company of Jeffer- son county.
 The petitioner prays that a receiver be appointed for certain lands alleged to have been owned by Long, which are now under lease to the other defendants.
 It Is alleged in the petition that in con- sideration of services rendered in securing loan of $30,000 for the said Long the plaintiffs were given fourth interest in the rents, revenues, profits, royalties and dividends, accruing from the said lands for a period of ten years
 It is further alleged that some of the lands were leased by T. H. Friel and F. de 5. Hooper, which was sub-leased to the Dora Coal Mining company, under fa- Vorable contracts; also, that other parts of the land were sub-leased by Hooper to the Ivey oCal and Coke company, and that both sub-leases are subject to the terms of the original contract.
 The allegation is also made that Long has made deed of sale to the Georgia and charged was organized for the purpose of defrauding, hindering and delaying plaint- ifs in their rights; that the company was organized at the instance of Long by his relatives, and that the conveyance was &C., cepted with the knowledge of existing con- tract with plaintiffs and for the purpose of assisting Long in carrying out his pans
 It is charged that since the conveyance of the lands to the Georgia and Alabama company, that company has conveyed an half interest to the Ivy Coal and Coke company, and that both the Dora and Ivy companies have ceased to pay plaintiffs in- terest in the rentals on the instruction of Long.
 An accounting with the several defend- ants Is prayed for pending which the court Is asked to appoint a receiver for the lands. Declared Unconstitutional
 First blood in the proceedings instituted by the Pioneer Mining and Manufacturing company to have a right-ofway condemn- ed through certain lands near North Sir mingham, was scored by the defendants yesterday. The defendants 3emurred to the constitutionality of the act under which the right-of-way is sought and at the con- clusion of the argument Judge Porter sus- tained the demurrer
 The plaintiff then amended It's bill of complaint, seeking to have the right-of- way condemned under the general statute. In this manner proceedings must be had with each party separately, and the com plaint was made against one of the de- fendants and the hearing set for October 3.
 Special Judge E. II. Cabaniss, sitting in the case of the Birninghan Traction com pany vs. the Birmingham Railway and Electric company, seeking to have a right of-way condemned at the Woodlayn cross ing, yesterday sustained the demurrers Co the proceeding and the case was set for Wednesday next, when it will be heard on it's merits.
 MT. Cabaniss was appointed special judge in the case on account of the fact that Judge Porter is stocshoider Tn one of the companies, and IS therefore ineligit !e to sit in the case.
 Ray Case
 The case against J. J. Ray, register in chancery of Fayette county, who is charged with charging an illegal fee in pension case was called before Judge Bruce yester- day, but owing to the absence of the prin- cipal witness on account of sickness, the case was passed.
 It is charged that the defendant violated the United States statute which provides that a lawyer shall not charge over $10 as fee for collecting a pension. The allega- ton is made that he charged Mrs. Sarah E. Smith, of Fayette county, $100 for collecting a pension, on which the indictment was returned
 MT. Ray is one of the most prominent democrats in the Sixth district, being regis ter in chancery for Fayette county, and a member of both the county and district committees.
 Sentenced
 Several prisoners who were convicted dur