The Birmingham age-herald., 1904-11-30
IMPORTANT CASES
 WERE PASSED UPON
MoIton Not Responsible for
 Pedestrians Injury
BeNNIE WINS HIS CASE
Supreme Court Affirms Lower Courts Decision Awarding Him $1oo0 Dam-
 ages From A. A. Gambill
 for False Arrest .,.'

Montgomery, NOVemDeT -NopeSiohi Two cases of more than ordinary inn portance were decided by the supreme court. One was that the acts of an in- dependent contractor on work for land- lord do not bind the landlord, and the other that a railroad company has a right to charge storage for goods in car load lots which are held more than a reasonable time by the consignee. The first case was that of J. A. Massey ct als vs. ". R. Oates, from the city court of Birmingham. Massey was a contractor and was putting down a side walk for T. H. Motion. Oates fell on some of the blanks laid over the walk and entered suit for damages including Motion. The acts of the lower court, which gave a verdict against both par ties, was reversed so far as Motion was concerned and remanded, thus declaring that Motion was not at all responsible to the man injured.
 In the other case the Southern rail- way put in car of lumber for the Lock- wood Manufacturing company at Bir- mingham, and it being held over a stip- ulated time for storage or demurrage, the car was set out and held until the amount said to be due for said demur- rage was paid. amounting to $1 in dispute. The court holds that the lumber in the car was a lien to the hauler until tolls were paid and that the road was within it's right in collecting them.
 The following attorneys were admitted to practice before the supreme court to- day: Hinds Peevey, J. G. Crews, Bir- mingham; W. J. Martin, Ensley. All were admitted on the cause of two years in practice and were not examined.
 The supreme court today affirmed the action of the Birmingham city court in giving l.. H. Bennie damages of 5000 against A. A. Gambil1, city license collec- tor of Birmingham for false arrest. Gambill charged Bennie with trading in theatre tickets, of which charge he was acquitted by the inferior criminal court of Birmingham. Suit was then entered for damagss for false arrests with the above result.
 Count of State Money.
 The following report was made by State Eexaminer Sedberry of his count of the money in the treasury and examina- tion of the books of State Treasurer J.. Craig Smitl, made several days ago:
 "Hon. R. M Cunningham, acting gover- nor
 sir: Pursuant to your instruction I have this day counted the money in the state treasury and find that at the close of the business on November 25, 1904, there was in the treasury vault cash to the amount of s7S2,063.S6 as per statement be- low. This amount agrees exactly with the books of the treasurer on the date named In making the count of the money on hand had the assistance of two ex- pert bank men, MT. A. J. Jones and Henry T. Bartlett, assistant cashiers of the American National bank and the Merchant an Planters-Farley National bank respectively. It affords me genu- he pleasure to say that the Hon. J.. Craig Smith, state treasurer, and his ef- fcient office force have kept the bus mess of th,s department in splendid con- dition. also made examination of the securities Leld in trust by the treasurer as deposits made by sundry indemnity and insurance companies, the name and amounts being given below. These de- posits have been made In compliance with acts of the legislature and accepted at their face value, towit: Georgia Home h. surance company, $100O0; United States Fidelity and Guarantee company $5OOO0 American Bonding company of Balti- more, s5O.50o; American Surety company of New York, $50,00C; Fidelity and Deposit company os Maryland, $5O,OO0; National Surety company of New York, $50,0OO total $2OO 0O0.''
 The cash statement is as follows: Bal. ance as per cash book. $6S6127 53; inter est fund.- amount to credit of same, S2S0,- 231.70, less amount sent to New York tc pay interest on bonds, $1s4, .37. leaving a balance on this account of $95, 93633. To- tai cash in vault, $7S2063.S6. State Audi tor Thomas M. Sowell certifies that ht was present when the above count was made and that the above report is true and correct.
 The examination of the books of Cullmar county officers has been reported by Ex- aminer Cowan. All correct. with nc charges made. The property of the coun- ty Is assessed at 75 per cent of its value