The age-herald., 1899-03-21
ARGUMENTS IN THE
 COMMISSIONERS CASE
Finished Yesterday Afternoon
 Before Judge Wilkerson.
HIS DECISION IS RESERVED
Probably Until End of Week-Import- ant Ruling in Internal Revenue Case Before Judge Greene.
 Other Court News.


 Argument in the mandamus proceedings instituted by Roberts & Son against County Treasurer Hawkins to compel the payment of a certain warrant issued by President Earle of the board of revenue was con- cluded yesterday afternoon in the city court. The case was submitted to Judge Wilkerson, who reserved hrs decision. The closing arguments were made by Judge Head for the respondent and MT. Cabaniss for the petitioner. Judge Head gave his special attention to that part of the answer in which 1t is averred that the act abolishing the court of county com missioners and creating the board of reye- nue is in conflict with the con- stitution of the state and of the United States, which guarantees to every citizen the full enjoyment of life, liberty and property except by due process of law.
 MT. Cabaniss denied the right of the court to inquire into the motive of the leg islature except so far as expressed in the act itself, and cited various authorities to show that office was not property. "A pub lie office is a public trust,' he said, "and the right is vested in the legislature to abolish an office of it's own creation at any time it might see fit to do so''
 Judge Wilkerson asked for authorities in support of the contention of the respond ents for use in reviewing the case, which Judge Head promised to furnish, stating that his physical condition had prevented his doing so before.
 Mr Weakley stated that he had no de- sire to conflict or hamper Judge Head but that much inconvenience and uncertainty was being caused, and that the public serv- ice demanded a decision as early as pos- sibe.
 Judge Wilkerson will probably render his decision the latter-part of the week.
 An Important Ruling
 In the criminal court yesterday an in- portant decision was made by Judge Greene, based upon recent ruling by the United States revenue department, where
 
 to produce records of the internal revenue department in a state court.
 The question arose in the case of M. T. Davis, charged with retail liquor dealing without having procured the necessary state license. Collector Julian Bingham of the internal revenue department for Ala bama was summoned to appear in the state court with the records of his office, it be- ing the purpose of the state to prove that Davis had procured a revenue license, which would be prima facia evidence of guilt if the county records failed to show that the state and county license had not been taken out
 Collector Bingham appeared in court with Assistant United States District Attorney Julius Davidson, who represented his cause. When MT. Bingham was called to produce. the records MT. Davidson arose and addressed the court, citing ruling of the revenue department of April 15, 1898, prohibiting an agent of the government from producing the records of the depart- ment except upon order of the secre- tary of the treasury. Prior to the ruling cited it had been held by the state courts that the rules of the department did not prohibit the production of records under an order of the court and instances are recorded where agents have been sent to jail for contempt for refusal to do so. After hearing MT. Davidson's argument Judge Greene discharged MT. Bingham, holding that he could not compel him to produce the recors under the rule.
 Criminal Court
 The winter term of the criminal court is about ended, few misdemeanor cases re- maining on the docket which will be dis posed of by Thursday, when adjournment will be taken until April 4, on which date the regular spring term begins. Yesterday the following cases were disposed of:
 Jack King, assault and battery; not guilty because of insanity.
 Will Douglass, carrying concealed weapons; fined $20.
 Mary Lewis, abusive language; fine of $1o and sentenced to ten days in jail
 United States Court
 In the United States court yesterday the following cases were disposed of:
 J. T. Pennington, illicit distdlling; jury and verdict of not guilty.
 Henry c. Ryan, retail liquor dealing; jury and verdict of not guilty.
 Matte Shields, retail liquor dealing; jury and verdict of not guilty.
 James Allen, illicit dstillng; jury and