The age-herald., 1900-01-26
ANTI-SPITTTNG LAW
 WON'T HOLD WATER
At Least Without the Necessary
 CuSpidor Attachments,
JUDGE FEAGlN so RULES
Discharged Four Men Charged With Splitting on Floor at Union Depot An Implied Plea of Self
 Defense-Other Cases

Without cusQidor attachments the anti splitting ordinance is in danger of becom- ing intellectual, at least in so far as it applies to public buildings.
 Judge Feagin has ruled that the right to spit upon the floor in a public place is in- herent, unless spltoons are penteously provided, and under a strict construction 1t might be contended that in restricting the right upon the sidewalks the city should be required to place receptacles at convenient intervals between the blocks.
 This decision which threatens to restore the right to expectorate in public to the citizens of Birmingham was rendered yes- terday in the inferior criminal court in the cases of Samuel Walls, Wilson Sibley, J. R. Cooper and ". B. Bradford, who were arrested Wednesday evening, charged with splitting upon the floor of the union depot.
 It-was shown that the defendants had eXpectorated rather freely upon the mosaic tiling in the waiting room, and until their defense was heard it appeared to be only a question of how much they would be fined.
 The pleading, however, though not in regular form, set up "self-defense" as an answer to the indictment. This defense was implied rather than stated, and was proven by the negative, it being shown beyond "all reasonable doubt" that the room wa unprovided with cuspidors and that to have compiled with the ordi- the defendants compelled to have swallowed the tobacco juice which formed the principal part of the spittal.
 a After measuring" the evidence Judge Feagin rendered his decision, holding that the defendants had a perfect right to spit upon the floor in the absence of another place to spit, and promptly ordered their release.
 The decision is interpreted by a well known lawyer to mean that in order to enforce the ordinance the city will be com pelled to provide a place to spit On the other hand although the opinion does not come from the city attorney, it is held that the gutters, answer all the demands implied by the decision in so far as the sidewalks are concerned, but before the question is decided it may become neces- Sdry lClF the supreme court 10 draw the dlS- tlnction if any there be.
 In the mean time the splitter may spit provided he is willing to test the law.
 Other Gases
 There were other cases. before Judge Feagin, who disposed of them with his usual promptness.
 J. G. Carney was before the court on a charge of dsorderly conduct and malicious mischief He pleaded his case with the vigor of veteran, but its influence upon the judge was of such a nature as to induce the imposing of a fine of S5 for the former offense, while for the latter he was assess ed $250 for the benefit of the city's purse.
 J. w. Daniel was permitted to contribute $25 to the tteasury of the court for carrying a concealed shooter In addition he was accused of having tried to prevent an officer from placing him in the Black Maria, and for this little self-assertiveness he con- trbuted s5.
 Henry Sims, man having passed his three score mark, had been guilty of dis orderly conduct, and trembhngly deposited a fine of $3 which was assessed against him.
 Eugene Couuh, arrested on a charge pre- ferred by Maude Montclaire, of the dernd monde of having carried away her dia- mond pin, was released as being innocent Grace Couch, claiming to be his wife, paid q fine of $5 as a result of a charge of vag- rancy being made against her.
 Walter Majors was before the judge ac- cused of taking other peoples property when they were absent or not looking, and so conclusive was the evidence that he was fined $25 and requested in polite man. ner to remain in custody of the city for couple of months
 There are number of signs up on South Twentieth street warning the pub lie to turn to the right, but it seems that John D. Sykes had not been in the habit of reading such gratuitous information and profiting thereby. At any rate. he was charged with violating this request and was persuaded to deposit $3 to the credit of the city.
 E. Little and I. J. Armstrong, in spirit of levty, had removed barrel of flour from the delivery wagon of J. s. White, intending to replace it, but MT. White y0E0t having a very humorous turn of mind, took athe matter to heart and the young men were ushered before Judge Feagn yester- sday morning. They were, however, very readily released when the matter was ex- plained all around.