The Montgomery advertiser., 1904-01-13
MUST ISSUE LICENSES
JUDGE lEABRY DECIDES
 AGAINST THE CITY.
Declares That the Market House Ordinance Recently Passed by the Selma Council
 is Invalid.

Advertiser Bureau, Selma, Jan. F. Answering the petition of w. c. Avery, white man, and of Miles Martin and w. H. Edwards. negroes, for a writ of mandamus to compel City Market Clerk Cothran to show cause why he should not rent to them stalls in the market, Judge J.- w., Mabry of the City Court of Selma today issued an order. whereby the market clerk must issue licenses and rent stalls to the petitioners. Judge Mabry's decree renders void. the ordinance passed by the City ColnciIs in December, 1903, renting to five white butchers the entire market house.
 | The respondents to- the. petition have thirty, days within, which they may file atsupefsedeas . bond. the amount of which would be fixed by Judge Mabry. The. petition, and the, ,consequent litiga- legal stories in which the municipality has had part, and are now. generally known as the market house case.
 The history of the case dates from the December. 1908, session of the City Coun- ciL to which was then addressed a peti- tion from five firms of. butchers that to | them be leased all the stalls in the city | market house in Washington Street. The petitioners represented that they would sub-let the stalls and rights of the mar ket in accordance with the rules prac- ticed by the city, that they would not abuse the requested privilege for their personal advantage. and that their man. | agement of the market would improve conditions for tradesmen and patrons.
 A great debate followed the reading of | the petition which was at once decried and lauded. From the first 1t seemed to some councillors good thing to grant the request. and to others it seemed bad. very bad. But gradually the still small voice that cried ''ciass legislation" and
 monopoly" died away and to five in- dividuals or to five groups or associa- | tions of individuals was given the control
 of the great market of Selma.
 W. c. Avery, Miles Martin and W. H. Edwards rented stalls in the market house
 and had licenses for butchers durins
 the year 1903. Their leases and their IT, censes expired December 31, 1soe, and
 when they applied for stalls and licenses
 for 1904 they were turned down.
 A petition to the City Court of Selma
 for a writ of mandamus followed, it being
 asked that George K. Cothran, Clerk oi
 the Market, should be compelled to come
 into the court and show cause why he
 should not allow Mir. Avery and Martin and Edwards to rent stalls as provided
 by law. Demurrers to the petition, made by City Attorney W. R. Shafer, were
 sustained by the court, but on an amend. ed petition Judge Mabry today issued a
 writ of mandamus.
 In accordance with this decree, 1t is or.
 dered that the petitioners shall have the
 right to rent and use stalls and obtain
 licenses for conducting butchers busi.
 ness. An appeal may be taken. In Interest of Truck Farming.
 Twenty citizens of Selma met in tht Council Chamber at o'clock last night
 and heard special Agricultural Agent T L. Brunk speak on truck farming, 1T which much interest was aroused.
 The meeting adjourned until o'clock Saturday night, when an Association tc
 promote the trucking industry in this sec. tion will be organized. Il Broadway-Loughlin.
 The friends of H. D. Broadway and Miss Gertrude Loughlin are still agape
 with surprise over the announcement just . made that on December 9 Miss Loughlir
 became Mrs. Broadway. The ceremony l was performed by Rev. J. D. Ray and
 was not known to even the relatives ol intimate friends of Mir. and Mrs. Broad
 way.
 Mrs. Broadway was stenographer in the | once OL the Md6teT 0hGCndnlC OI LHt Southern Railway, and it is said the mar riage was kept secret because she wished
 to retain this position without change. Sc it was that her life was practically un-
 changed until Sunday night, when the wedding was made known and MT. and s1 Mrs. Broadway received the felicitations
 of their many friends.
 } Donner for Railroad Commissioner Frank B. Donner has returned home } from an active canvass in interest of his 5 candidacy for the Presidency of the Rail- road Commission, and reports that he is
 satisfied with the progress he has made
 Major Donner has for thirty years been
 a locomotive engineer, and his practical : knowledge would doubtless be of great value.
 Major Donner said today that he would ) in a short time resign his position with ? the Southern Railway to give all his time and energy to his candidacy.
 Marriage Licenses. The Probate Court to-day issued mar. riage licenses to the following persons: w. c. Spotswood and Miss Claudia Shields, George Robert Mason and Miss
 Louise Dennard.