The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-06-03
AMENDMENT CASE
TO BE HEARD TODAY
VIII Come Up Before Judge
Sem of City Court.
DECREE IN THE FOX CASE
Defendants Must Pay Contractors the
Amouht Due Them-Case OF Ala
bama Bank VS.. American Ma
tional Bank Taken Up.

The first gun in the fight against the
Birmingham amendment will be fired to-
day in the city court when the case OF
the May and Thomas Hardware company
VS.. George Eustis, city tax collector VIII
come up for hearing before Judge Sem.
This suit, which was filed only few days
ago. is in reality a test case, and seeks
to recover the sum of $3.50 paid under
protest as taxes on a stock of merchandise
under the act, authorizing the levy and
collection of an additional tax of one-hah
of one percent. The suit Is based on the
alleged unconstitutionality of the amend
ment and involves a question which i5 of
material interest to the municipality of
Birmingham as well as to the property
holders and merchants of the city who are
anxious for an early settlement.
The plaintiff is represented by H. c.
Selheiner, and the defendant by City At
torney Robert Lowe and Messrs. Cabaniss
and Weakly, who have been especially en-
ployed to assist in representing the cty's
interests.
The arguments will probably be con-
cuded this afternoon and the case will
be submitted to Judge Sem, who will take
time to consider and examine the authori-
ties before rendering his decision, which
will probably be in the next few days. The
case will then be appealed to the supreme
court for final consideration and judgment.
Chancery Court
In the chancery court yesterday decree
was rendered in the case of Thomas Pur-
Wis vs. John Fox Sons, growing out of
the delay in completing the Fox building
according to contract. The case has been
on the docket for some time and the de-
cree yesterday requires that the defendants,
John Fox Sons. must pay into court the
sum of $685. the amount found to be due
the contractor.
The decree further provides that Purvis
Is due the Hawkins Lumber company $500
and the Birmingham Brick company $3.50,
which amounts are required to be equitably
settled as far as possible out of the moneys
paid into court by John Fox Sons.
1t is further decreed that w. w. Barclay
or his security the Fidelity Deposit COM
pany, is due the complainant $1S0.0S.
Circuit Court
The case of the Alabama National bank
VS.. the American National bank was taken
up in the circuit court yesterday after sew
eral delays, and the entire afternoon was
taken up with the pleadings. Attorney
General Charles G. Brown is an important
witness in the case, and is on hand ready
to testify.
The plaintiff is represented by John w.
Tomlinson and Nat l.. Miller, and the de-
PENDANT by James e. Webb and William
II. Graves
Prob e Office
Articles of Incorporation of the Birming-
ham Mining and Contracting company were
filed in the probate Office yesterday by ].
B. and w. G. Robinson and w. T. Dillon.
The new company is organized with a cap
ital stock of $4,000, divided into 100 shares
OF the par value of 500 each.
Criminal Court
Which is holding am adjourned term, is
hard at work under the direction of So
hctor Hefin The jury will probably COM
pete it's Investigations next week and will
adjourn.
Several cases were disposed of in the
criminal court yesterday. AT the afternoon
session motion for new trial in the case
of Elias Brown, who was convicted of bur-
glary and grand larceny, was argued be-
fore Judge Greene, who reserved his de-
cision.