The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-05-11
IMPORTANT CASES
ARE DISPOSED OF
Puts Pool Sellers in Birming.
ham Out Of Business
CITY ORDINANCE SUSTAINED
Decision of Chancellor Carmichael in
Case of Brown VS.. Mayor and
Aldermen of Birmingham is
Sustained.


supreme court of Alabama handed down
a decision today, fixing the authority of
municipalities to assess property for all
improvement charges per front footing
instead of according to benefits derived.
The decision was in the case of the city
council of Montgomery VS.. Ella Moore,
and involves the now famous baby bond
act sustaining the city in every instance.
1t will give to the city 100000 in cash now
tied up in bonds in dispute. The decis-
ion is in line with that of the city of
Birmingham VS.. Klein, rendered in 1889.
Another important case decided by the
supreme court today was that of B. F.
Brown VS.. the mayor and aldermen of
Birmingham, in which the city is victori-
Gus. It will be remembered that Brown,
who lived in Norfolk Va, sought and
secured In September, 1903. an injunction
restraining the city of Birmingham from
| enforcing it's ordinance prohibiting pool
\ selling or other forms of gambling on
horse races within the corporate limits.
Brown was interested in the selling of
and reported by wire.
Chancellor Carmichael. on motion to
have the injunction made final, ruled
against Brown and in favor of the city,
unfolding in every sense the law The
case was then brought before the SUI
preme court by Brown and his attorneys.
The result of the order of the court is
that no pools can be sold in Birmingham
on any races inside or outside the state
MitcheII-GambiIl Case.
Still another case decided today was
that of James A. Mitchell VS.. A A. Gam
| bill. Mitchell sued Gambill, who is city
tax and license collector of Birmingham,
for damages because of assault and bat
| terry claimed to have been inflicted upon
Mitchell by Gambill. The courts gave
Mitchell damages in the sum of $3.50 and
| he appealed. The case is reversed and
remanded. giving Mitchell another chance
| for damage done at the well known Blr-
mingham tax gatherer. The trouble
grew out of personal difficulty between
the two men at the time when Gambill
was attempting to secure a decision from
| Mitchell regarding some license charges.
The inferior civil court of Birmingham
| successor to the justice of the peace tri-
bunals, are shy expense money which
they, or the judges sitting in them,
thought they would get. There is no pro-
vision In the act creating the court allow
ing money to pay for room rent and sta
tionary, and the salaries of the two
judges make it almost impossible for them
to meet 1t. The judges of these two courts,
II. B. Alternately and 1. II. Benners were
told that the bill provided for $50 a month
for such expenses, and they have gone on
to the present time expecting to get It.
But when they put in the account the
1arry 1aa
found nothing to authorize him to pay
the amounts. Both judges have written
| to the secretary of state for copies of the
original bill, hoping there has been a mis-
take in copying. The correspondent of The
| Age Herald went over the whole ground
of references this morning and found that
at no stage of the passage of the law
was there any such item. The original bill
drawn first by Representative Haley did
rot have 1t, neither did the amendments
nor the substitute which was finally
passed. The only provision for emolu-
ments are those allowing $500 year
for the two judges, 5000 for clerk and
5000 for a deputy clerk. 1t looks as If the
Judges will have to foot the bills of rent
and stationary or move.
The Baseball Case.
The matter of w. 7. Robertson VS.. the
Montgomery Baseball association has been
advanced on the calendar of the supreme
court 20 Thursday, at which time de-
c.sion will be rendered. This case involves
the validity of the transfer or the fran
elise of the local baseball franchise from
the Montgomery Baseball association to
w. II. Ragland of the Montgomery Street
Railway. Robertson, who was stock
holder. protesting The point at issue,
after all, is at which place the games shall
he played Mr.. Ragland takes them to OAK
Park. where they are now played. II Mr.
Robertson should win they must go back
to Athletic park. 1t was alleged that the
association was under contract to play at
Athletic park for three years, and that
this contract was not kept when the
transfer was made. Athletic park Is on
the lines of the Montgomery Traction
company. There is great local interest N
the case.
state Examiner Of Public Accounts j.
r. German has reported on the books OF
the officers of the new county OF Hous-
i ton, and has a clean bill in every way
for only one man. The accounts reported
on are those of Probate Judge George
Leslie Circuit Clerk A. G. Crawford
Sheriff C. e. Walker, Superintendent OF
Education j. M. Brown and Tax Asses
fsor S. J. Hall. All the books show minor
inaccuracies save that of the superintend-
ent of education about whose records
there As no complaint. He is complimented
nv the examiner. The other officers are
not complained OF in any way as they
are new and have not yet gotten the
hang of things. The examiner points this
out in his endorsements on the papers.
Russell is Convicted.
]. e. Russell, the alleged safe robber
who attempted to escape by Jumping
twenty feet to the ground from win
dow of the courthouse yesterday. was
today adjudged guilty of burglary by the
same court that convicted Driscoll yes
terday The case was submitted by con-
sent of both parties on the same evidence
that was given in the Driscoll hearing,
and to the same jury, and the verdict
was the same except there was no rec
concentration for mercy for Russell.
Russell is very badly hurt. His foot is
crushed and broken in a dangerous way
and his physician fears that he will be
lame the balance of his life. Helwas taken
to the court room over the protest OF
the doctor who Insisted he was not able
to We moved. Russell himself. was In a
hurry to have it over and Insisted on
being taken to the court hbuse on a
stretcher. Both prisoners viii be tried
Monday.
Hobson's Expenses.
Capt Richmond Pearson HDbson, who
ran for the democratic nomination for
Congress In the Sixth districl, has filed
his expense account with the secretary Of
state. 1t cost him $4132.04 tb make the
race, divided as follows:
Messengers and canvassers 49,. 81, 072 .0'
Livery bills :. :. .......-..... $3.50. 247. 81
Travelling and managers .s...... 665. s.
Clerk hire ...........,......s...... 295 Il