The Montgomery advertiser., 1903-12-18
 CITY CASES ARE APPEALED Three of Them Before Supreme Court.
  SUBMITTED ON BRIEFS .s ]. .",s;
Greater Montgomery. Police
 Commission and Taxes.
They w. ---ught to Test Validity of New Laws and Early
 Opinions by Court are Expected.


 Three e; ses of vital importance to the city government of Montgomery were sub' mitted to the Alabama Supreme Court yesterday in the hope of securing carly decisions. a fA ..-
 These cases are: G. A. Thomas against the City Council of Montgomery, attack ing the constitutionaiity of the Police Commission act; Jesse ONeal against J. B. Gaston, as Probate Judge, an attack or, the exemption of liquor merchants of Montgomery from the payment of coun. ty licenses and the City Council of Mont gomery against J. l.. Walker, which is to test the validity of the Greater Mont. gomery act.
 It will be remembered that in Thomas against the City Council, the petitioner prayed for q writ of n,andamus to com pol the City Council to e.ect Police Commission, as required by act of the last Legislature. The defendant demur- red on the ground that the act was un- constitutional in that 1t was special leg ielation for particular locality and amended the city charter. The demurrel was Sustained by Judge A. D. Sayre of the City Court of Montgomery and the petition was denied. The petitioner ap. pealed the case.
 In Jesse OrNeal against J. B. Gaston, Judge of Probate of Montgomery County the petitioner asked for a writ of man. damus to compel the Judge of Probate to issue him a State license without the payment of 8 county license tax, claim ing that the city charter of Montgom. cry contains an exemption of all mer. chants from the payment of county H. cense who pay the city license tax. The defendant demurred on the ground that the exemption was unconstitutional ir that if nk A ha atrfn s.t the act as set out In its title.
 The petitioner demurred to this answer on the ground that as far back as 1S37 when there was no constitutional provis- ion against having more than one sub ject in a bill, the liquor men of Mont gomery enjoyed this exemption. Judge Sayre held that this answer was good County Tax Commissioner W. NJ. B.akey appealed.
 In the City Council of Montgomery against Walker. the defendant refused to pay his city license tax on tho. ground that the Greater Montgomery act, by which his business was brought into the city limits is invalid because the consti. tuition was violated, when the bill was passed in the House on report by a standing committee without recommenda. ton; and that the. constitution provides that every sbill shall be acted upon by 2 StAnoIng committee, ' -F "'N - 7 {.
 Judge Sayre held that report without a recommendation was action by a com mittee and the. demurrer was overru' ed. Appeal was taken by the counsel for the defendant. @-.. ---.....-;
 The three cases were yesterday submit ted to the Supreme Court on briefs
 Decisions in these cases will materially affect the future of the city government of Montgomery. Much depends on the decision as to tho Greater Montgomery act The City Council acting under this act made provision for schools. lights and other accommodations for the an- neXed territory. If the act is pronounced to be unconstitutional. which is doubtful, the city will lose considerable money and the whole governmental machinery will be upset.
 It is confidently believed that the su. preme Court will overthrow the Police Commission act as it is almost Identical with an act creating Poiice Commission for Bessemer which was declared to be unconstitutional
 Early decisions in these cases are ex- pected.