The age-herald., 1901-04-13
BL6UNT COUNTY
 IS NOT ENJO|NED
Chancellor Carmichael Renders an Interesting Decision
VERDICT GIVEN FOR S5OOO
A Suit for s5ooo is Filled Against the City for Emptying Sewage Into Valley creeE-Southern Rail.
 way Sued for $2o,ooo.

Chancellor John c. Carmichael of the terday in the case of Blount County against D. c. Ellredge, sheriff of said county, asking that the sheriff be en- joined from holding an election under an act passed April B, r 1. to change the boundary line between Blount and Cuii- man Counties
 The chancellor refused to grant the in junction.
 This act of the Legislature directed the sheriff to hold an election, and If two- thirds of the voters of that part of Blount County which 1t was proposed to put into Cullman County voted in it's fa- vor the change would be considered as made.
 The authorities of Blount County at- tackled this act of the last Legislature as being unconstitutional on the grounds that certain formalities prescribed by the constitution were not observed in the passage of the act. This ground was prac- tically abandoned in the argument of counsel. Another ground was that the Legislature delegated its power to the people of the territory to be changed and that the act was incomplete and not q law.
 The chancellor decided against both of these contentious. citing Clark vs Jack 60 Ala, 27, and Smith vs. Mccarthy, 56 Pa. St. S59 The decision goes further, and says that even if 1t be conceded that the act is void, an injunction must be re- fused, as the complainant will have ade- quate legal remedies, in that 1t may dis regard the election. The chancellor holds that inasmuch as the bill of complaint involves no property rights, the Court of Chancery is without Jurisdiction, and for 1t to enjoin the approaching election would be a sheer usurpation of power by the court, citing numerous authorities to sustain this conclusion.
 City Court.
 Tn the First Division of the City Court, Judge Charles H. Senn presiding, the case of John W. Chapman vs. Mrs. P. w. Mc- Donough resulted in e verdict of $213S4.
 The case of John McDade vs. the Ala bama Steel and Wire Company is on trial. Plaintiff Is suing for 5000 damages alleg- ing that his right hand was caught in a rumbler and crushed.
 Tn the Second Division the case of E. c. Rollins pro ami vs. w. H. Lodge resulted in verdict of s50 Plaintiff sued for $10,- 900 damages, alleging that the defendant neglgently threw a piece of hot iron on his footfi badly burning 1t.
 James R. P. Durham has filed suit against the Mayor and 'dermen of Bir- mingham for s500O dam s. He says that since January 1. 1897. he has owned certain lands near the fair grounds and that from time immemorial there has flowed by certain lands a stream called Valley creek whose waters were origi- nally pure but that the city of Birming- ham has caused its sewerage to be dis charged into said creek polluting it's waters and depriving him of the rightful use of said waters and diminishing the value of his lands.
 Circuit Court.
 In the circuit court there was a verdict of s5oOo in the case of c. c. Wilson vs. the Alabama Steel and Shipbuildng Com- pany. Plaintiff sued for damages for the loss of his left leg.
 The case of E. T. Falkner vs J. E. Eng fish & Co.,, resulted in a non-suit. Plain tiff who was in the wholesale brokerage and commission business alleged he was boycotted by the Wholesale Brokers As