The Birmingham age-herald., 1903-12-18

vile Railroad company, the appellant sue ing for something like s100,000 for timber damages. The appellee lost the case.
 Another important case was that of Pollard vs. the American Freehold Land Mortgage company of London, in which Captain Charles T. Pollard of Montgom- cry. comes into property of sufficient value to be counted as very neat for tune.
 Several Birmingham Cases.
 There were several cases decided from Birmingham, including one of the Nation al Surety companies vs. John s. Mabry, in which the appellee is awarded damages to the amount of something like s75O0. Another case of greater importance was that of the mayor and aldermen of Bir mingham against the Birmingham Water Works company. which was decided against the city in the city court. While the amount involved in this case is not very large, the court makes very inn portant decision. It appears that in 1888 the city entered into a contract with the water company for a supply of water for thirty years. There was a clause In the contract which provided that the license of the water company, $500 per year, should not be increased during the term of the contract In 1900. however. the H. cense of the water company was increas- ed to 5000 The company declined to pay this license and won the case in the city court.
 License Section Is Void. The decision of the court rendered by Mir. Justice Dowdell in effect holds that license clause in the contract was that power to fix license fee Is generally re- sarded as a legislative power, which can not be delegated. On this point the decis ion says:
 Tt Is not denied as a general proposi- ton that 1t Is within the power of d mu- nicipality to contract for supply of wa ter since such a right comes within the business of proprietary powers of the corporation, and Is not to be classed as a legislative or governmental power. But it does not follow from this that in the exercise of such a power in the making of contract for a supply of water that the corporation can by any provision or terms in such a contract delegate or bar ter away a governmental power when not authorized so to do by the legislature, either in its charter or other statutory enactment There can be no difference in principle between delegating a govern mental power, and bartering or contract ing away such power. Nor is there any
  ment not to levy a license tax for term of years and one which stipulates that an annual license tax already levied shall not be increased for a term of years.'
 The conclusion of the court Is that the license section of the contract t22) is void, and the judgment of the lower court is set aside and another rendered in favor of the appellant.
 Other Decisions.
 Decisions were handed down by the court in the following cases
 Mcclellan. c. J.-Rebecca M. Pollard, ct al, vs. American Freehold Land Mort gage company of London, limited, appeal from Montgomery city court in equity; affirmed
 American Freehold Land Mortgage com pany of London, limited, vs. Rebecca M. Pollard ct al; modified and affirmed.
 Ioveman. Joseph & Loeb vs George E. Brown, appeal from Birmingham city court; reversed and remanded.
 w A. Weaver vs. F. E. Eaton. appeal from Autauga chancery court; affirmed.
 Haralson J.-National Surety company " John S. Mabry appeal from Birming- ham city court, affirmed
 Ignitus Pollack V, H. B. Clafiin com- pany, appeal from Montgomery city court, affirmed.
 Henry Dennis V. State of Alabama, ap- peal from Fillmore county court affirmed.
 Maggie B. Moore V. Alabama National Bank, appeal from Jefferson chancery court, affirmed
 Birmingham Railway Light and Power company V. Att.cus H. Mullen, affirmed.
 Tyson, J.-J. D. Myer V. l. Bloch, appeal from Selma city court. affirmed
 J. C. Haas and company V. Citizens Bank of Byersburg, appeal from Mont gomery circuit court, reversed and re- manded.
 Martin II. Sullivan V. Louisville and Nashville Railroad company, appeal from Montgomery city court, affirmed
 State of Alabama V. Yves Rains, appeal from order of the probate judge of Mon roe county admitting petitioner to bail on habeas corpus, affirmed.
 Milkin & Co. V. D. C. Carmichael. ap- peal from Geneva chancery court, affirm ed.
 Sharpe, J.-Western Union Telegraph company V. w. c. Crumpton appeal from Conecuh circuit court. affirmed.
 Birmingham Auditorium company V. An nie Jackson, appeal from Jefferson circuit court dismissed by order of appellant.
 D. C. Whitney V. A. c. Lide, ct al, ap- peal from Conecuh chancery court, af- firmed
 Willie Jenkins, ct al, V. Jonas Schwab company, appeal from Jefferson chancery court. reversed and rendered.
 Dowdell J.-Mayor and Aldermen of Birmingham V. Birmingham Water Works company, Sharpe J. not sitting) appeal from Birmingham city court, reversed and remanded
 E. F. Shafer & Co. V. D. s. Hausman, appeal from Montgomery city court. af- firmed
 Alabama Lumber company V. H. C. Smith, ct al, appeal from Montgomery city court affirmed.