The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-02-08
Is the Decision Of tudge TouImin
in u 5. Court.
WRONGFUL APPROPRIATIONS
Must be Paid to Trust Company-C Clerks
Busy Preparing for the Extra
Term-Only Law Cases
Will be Heard.

III the SPECIAL term OF the United bJates
court held in this city, has handed down an
opinion In the mandamns proceeding insti-
tuted ny the Safe Deposit and Trust COM
pany of Baltimore against the city of An
niston to compel the payment of certain
judgments obtained against the municipal
ity on unpaid interest and coupons. In con-
nection with the opinion Judge Toulmin has
ordered that mandamuses issue requiring
that certain amounts set aside in the budget
of 1898 and certain amounts adjudged to
have been wrongfully appropria ted be paid
to the Trust company or its attorneys.
History Of the Case
The case is an interesting one and has
been strongly contested. Originally two
suits were brought in the United States
court on unpaid coupons and judgments OBJ
tanned against the city of Admission for
large amounts. 1t was then sought 10 COM
gel the municipal authorities to levy addi-
tlonaI taxes to pay the judgments, but was
disallowed on the plea of the city that the
full tax allowed by Law was being levied.
Mandamus proceedings were then insti-s
tuted to compel the city ofr1cials. to strike
out certain items from the budget and to
devote the amounts to the payment of the
interest judgments. The cause was SUBJ
mitted on oral arguments at the special
term and was taken under consideration.
In rendering his opinion. Judge Toulmin
says:
In my opinion, the 5000 appropriated
for school purposes in the budget of 1898
was wrongful and should have been ex-
pugned from the budget and the sa.a
amount appropriated by the said city to
the payment of interest on the bonds bear
ing date OF June l, 1887 II is therefore
ordered that said 5000 SO much thereof
as may be necessary to pay such interest
which forms a part of said judgment, to
be ascertained by reference to the coupons
on file in the clerks Office, be paved py
defendant to relator or its attorney on said
judgment mentioned in petition and let
mandamus issue to this effect
The Woodstock Claim
1.-THE payment of $l,269 to the Woodstock
Iron company in June, 1897, and $1,069 during
the year 1898, on which was in effect the
same thing-the crediting Of its claim
against the city of Admission by said COM
pany, with that amount due said city for
taxes, being wrongful, it Is therefore or
'dered that said amounts or SO much there
of as may be necessary to pay such inter-
est be paid, and let mandamus issue to this
effect
Several counts in the petition praying that
certain other items in the budget be ex-
pugned, are denied.
The djourned Term
The preparatory work for the adjourned
term of the United States court, which
convenes On February 20, and the regular
March term, which begins on March G, is
keeping the force in the clerks office very
busy. Judge Toulmin, who will preside at
the adjourned term, will probably hold
court until March L. Only law cases will
be heard at this term, and attorneys who
wish cases placed on the docket for trial
are requested to file their precipes for wit
nesses as early as possible to avoid any de-
lay. Up to the present time the docket
has been set as follows:
February 2O-Mary &c. White, administra-
trix, vs. Louisville and Nashville; Edgar A.
Echos VS.. Louisville and Nashville.
February 21-Wiley G. Lansford, admin
istrator, VS.. Louisville and Nashville; Annie
Carney VS.. Louisville and Nashville
February 22-James e. Burgin, adminis-
traitor, VS.. Louisville and Nashville.
February 2S-W. G. Brockway, receiver,
VS.. City of Gadsden w. J. Lake VS.. South
ern Express company.
February A-Isabelle Littlejohn vs. Re-
panno Chemical company Nellie Mason vs..
Repanno Chemical company.