The Montgomery advertiser., 1903-10-28
NEWS OF CENTRAL CITY
CALL MADE ON SUBSCRIBERS TO
 LIBRARY FUND.
Attorney Wilson Secures Mandamus to Compel Justice Away to Per init Him to Practice in the
 MngistrafA,s Cnurt

Advertiser Bureau,
 Selma. Oct. 9.
 R. H. Mabry. treasurer of the fund for the purchase of the Carnegie Library lot on Selma and Lauderdale streets. has sent the following letter to subscribers to the fund: Dear Sir: It will be necessary to make the first payment of $1.a50 on the library lot on Nov. ]. 1903
 Your subscription of $-- is due and payable on Oct i, 1903. therefore, we would be greatly obliged If you would send us check for the amount of your subscription at once.
 Please make the check payable to R. H. Mabry. treasurer
 Your prompt attention will be appre- ciated. Yours very truly,
 ''R. H. Mabry, Treasurer About N.0o0 is yet to be collected before the first payment can be made and the necessity of settlements by subscribers is apparent.
 The committee on, plans will meet in a few days to select design for the Car negie Library and 1t is probable that building will begin in a few weeks.
 Mandamus Against Justice Avery.
 Answering a petition which alleged that w. c. Avery, a justice of the peace in and for Valley Creek precinct. wilfully and corruptly refused to allow B. F. Will son. an attorney of Selma, to practice or to appear in Avery's court, Hon. J. w. Mabry. judge of the City Court of Selma, to-day issued writ of mandamus commanding Justice Avery to admit MT Wilson, the petitioner. to practice.
 The case came on to be tried on a pe- tition of B. F. Wilson and was of lively interest, especially to members of tho bar. Less than two weeks ago a writ of mandamus was issued against Jus tice Avery on the grounds of alleged misconduct in office. and to-days trial held the attention of many citizens.
 Following is a copy of the petition: "The State of Alabama. County of Dal-
 las. in the City Court of Selma: ITO the Honorable John w. Mabry,
 judge of the City Court of Selma:
 Your petitioner, B. F. Wilson. respect fully shows unto your honor that he is over the age of twenty-one years. is a resident citizen of said county and State. and has been a resident citizen of said State all of his life; that he is an attor- ney at law. and has been duly licensed to practice in all of the courts of said State by the Supreme Court thereof. has been duly licensed to practice in the Su- preme Court of the United States. has been, a solicitor of the Seventh judicial circuit of said State, and has been en- gagged in the practice in the courts of said county for many years, and has practiced as such in the justice court of one W. c. Avery for several years; that he has never been disbarred or suspend ed from practice by any competent court and is an officer of this honorable court: that on to-wit. the 18th day of October. 1903. petitioner appeared in the court of said Avery. who Is a justice of the peace in and for said county, as the at- torney of the several defendants by whom he had been employed in the following cases: c. C. Farrell vs. Virgie Hall. c. c. Farrell vs. John Campbell, c. c. Far rell vs. Walter Hall, and c. C. Farrell vs. Barney Hall. That petitioner offered and undertook to conduct said cases in behalf of his several clients; that the plaintiff. the said Farrell suggested to said Avery that petitioner was not an attorney at law and not authorized to appear in his said court, and that said Avery. though we'll knowing that peti- tioner was duly authorized to practice in said court, wilfully and corruptly re- fused to allow petitioner to take any part in said proceedings or to practice or appear in his said court.
 'The premises considered, petitioner prays your honor to issue an alterative writ of mandamus commanding and di- recting said Avery to be and appear be- fore your honor and show cause if any he can, why a peremptory writ of man. damus should not issue commanding and compelling him to permit petitioner to practice in his said court.
 ''B. F Wilson, Sworn and subscribed to before me this. the 26th day of October. 1903.
 Henry F, Reese. Notary Public. Dallas