The Birmingham age-herald., 1902-06-29
SUPREME COURT
 BREAKING RECORDS Olspensary Bill at Florence is
 Declared Unconstitutional BLACK GF GENEVA OUSTED
BLACK GF GENEVA OUSTE[
Another Important Decision Was One Sustaining chancery Court of Marengo In the Case of the
 Commissioners Court.

Montgomery, June 2S-(special )-The Supreme Court today handed down over hundred decisions and adjourned for the term. The most important was one de- claring the dispensary act for Florence unconstitutional There are two cases, one j.. J. Mitchell, probate judge. vs. the State ex. rel. City of Florence dlspensary, and the other. W. B. Powers vs. Mayor and Aldermen of Florence, one opinion being rendered for both cases. The special act for Florence created a board of five persons to establish and operate a dispen- sary, and while the court finds several weak places in the law, the most pro- nounced fatality is in comforting legisla- tive powers on the board. The opinion by Chief Justice Mcclellan, is very lengthy and rather emphatic in its ex- pressions on the invslidity of the act
 Another important and sensational deci- sion Is In the case of George w Black vs. B. F. Pate, from Geneva county. This is a contested election case in which Black, the incumbent. loses the office of sheriff to Pate T. Black, Democrat first appointed sheriff by Governor Johnston and subsequently, elected by eleven votes Pate contested and the probate judge decided in favor of Pate Black. appealed and the case was reversed. The second trial resulted the same way, and the court now sustains the probate judge in busting Black, throwing the costs on him. The contest seems to have turned on the votes of some railroad negroes which were declared illegal and which were cast for Black
 Another Important Decision.
 Still another important decision was that sustaining the Chancory Court of Marengo County in declaring unconstis tutional and void the proceedings of the commissioners court in removing the courthouse from one part of the town of Linden to another, without a vote of the people The point in the case was that the new constitution forbids the removal of courthouse except by vote of the electors at a special election. The county of Marengo contended that a change of site in the same town was not such removal as was forbidden. The chancel- Tor said 1t was and the Supreme Court sustains tho chancellor. The new site in this case was about half a mile from the old one and about half way between the business part of the town and the depot, Contracts had been let, several
 
 material hauled to the ground before the Interruption by the Chancery Court
 A case of some interest to clerks of court is that of J. M. Carmichael, presi- dent of the convict bureau, vs H. H. Matthews clerk of the City Court of Montgomery. The opinion decides that the organization of the grand jury is not part of the final record for which the clerk can collect costs. The crL n- ization of the court Is a part of 1t. and that is the main point for the clerks.
 Two Hanging Cases.
 Among inc decisions are two hanging cases. John Green Sanders Is a brother of Luke Sanders, who was hung not long since in Perry County for the murder of the road overseer, and which was made into a, sensation by the Supreme Court asking for a communication. John Green was also convictedf and now he, too Is to be hung on August 2.
 Walter Bailey, colored, convicted of murder In the City Court of Selma, ap- pealed, the case Is affirmed, and Walter will hang on August 22
 The ,ourt set November 10 as the day on which Solicitor R. H. Lowe of the answer the charges made against him answed the charges made against him in the Impeachment proceedings brought by the attorney general. The list of de- cisions Is printed in full on page s.