The age-herald., 1901-04-12
TOM FAY IS GUILTY
 AND GETS 19 YEARS
He and John D. West Are Both
 Sentenced
QUO WARRANT0 BILL FILED
Attacks the constitutionality of the Act Appointing Inspector of Min ing oils-Doings of Circuit
 and City Courts.

Tom Fay. the last of the Miller-Duncan gang, was yesterday found guilty by the jury, who fixed his punishment at nine teen years in the penitentiary. He was then sentenced by Judge Green, but the execution of the sentence was suspended, as Fay's attorneys contemplate an ap- peal to the Supreme Court.
 Fay was the youngest member of the gang, all of whom were charged with robbing the Standard oil Company. and he appears to be about nineteen years old. He denied being present at the time of the robbery, and John D. West. another member of the gang, testified that he was not there The State claimed that there was a conspiracy to rob and that he was as guilty as one of the conspirators.
 All the members of this gang have now been convicted as follows:. Frand Miller, sentenced to be hung for the murder of Policeman J. w. Adams. and Frank Dun can, sentenced to life Imprisonment for the same crime. Their cases are now In the Supreme Court. Duncan may yet be sentenced to death, as he is also charged with the murder of Policeman Kirkley. Frank Edwards and John D. West were both sentenced to twenty-five years in the penitentiary, and Tom Fay nineteen years
 Judge Green sentenced John D. West yesterday and he was taken to Pratt mines to serve his sentence. West gave the judge a little talk when asked if he had anything to say why sentence should not be pronounced on him. He kicked" at the treatment he had received while in jail. saying his cell did not have any light in it. He also asked that his real name be not published, as he said he did not want his mother who was an invalid In Baltimore. to know anything of his fate.
 Besides West and Fay, Audrey Carter and Henry Thomas, both colored, were sentenced to ten years in the penitentiary for robbery.
 Circuit Court.
 Tn the Circuit Court A. E. Roblee has filed quo warranto proceedings to test the constitutionality of the act passed February, 1s01 to prevent the sale or use in Jefferson County of impure miners oil or other material.
 The bill alleges that Tom Baine, citi- zen of Jefferson County, is unlawfully holding and exercising the duties of county inspector of miners oil. It says that the Board of Revenue, acting under authority which they claim by virtue of said act. have appointed him to the posi- tion The bill says that said act is vio- Iative of section 3s, article of the Con stftutlon of Alabama, and also violates section ?, article of said Constitution, in that it contains more than one subject which is not clearly expressed in the title of the act.
 It is also alleged that section of said act violates section 14,- article of the Constitution, which provides that any person, for injury done him, shall have a remedy by due process of law.
 Also that the act violates the inter state commerce act and is in restriction of trade.
 Also that it violates the Constitution of Alabama in that it discriminates between dealers in miners oil and persons en- gagged in other kinds of business.
 Also that the act violates section 12. article 1 of the Constitution, providing that the right of trial by jury shall re- main inviolate: in that in section 30 of said act 1t is provided that controversies as to the correctness of tests of the in- spector shall be submitted 10 the State chemist at Auburn, and the decision of such chemist shall be final
 The bill prays for rule requiring said Tom Baine to show by what warrant he exercises the duties of county inspector of mining oil.
 In this court the case of c. C. Wilson vs. the Alabama Steel and Shipbuilding Company went to the jury late in the afternoon.
 Plaintiff sued for damages for personal injuries
 City Court.
 In the first division of the City Court the case of Joe Neal vs. James C. Pat terson resulted in verdict of $500. Plain tiff sued for s15.ooO for the loss of his minor sons services. who was killed while in the employment of defendant
 In the case of Mattie Mooney and Susan Eeiliott vs. the Southern Railway Com