The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-02-16
Thomas UohoIds Validity of
State Revenue Law
GOES 10 SUPREME COURT
If Decision Is Sustained an Extra SEES
sion of the Legislature May Be
Avoiced-Cther Mont
gomery News.

Montgomery, February 15.-(Special)-
The validity of the state revenue bill has
been upheld by Judge William H. Thorn
as Ct the city court of Montgomery, and
II the supreme court agrees with HIM an
extra session of the legislation will be
avoided. The announcement OF the de-
cision of the judge was made this MORN
ing. The bill vase argued before him last
week by Charles p. Jones, for certain
railroad interests interested in breaking
down the measure, and ATTIC rney General
Massey Wilson, representing the validity
of the law. Judge Thomas handed down
his opinion, simply telling the clerk to
make minute on the docket that he had
decided in favor OF the defendant which,
uInolds the rstitutional.ty Of the act.
The history OF the attempt to invali-
date the state revenue act dates back
several months, wnen the Manhattan
Trust company filed for record in the
probate ONCE of Montgomery county a
deed of trust given the Manhattan Trust
company of New York by tie Louisville
and Nashville railroad to cover a mort
gagegage of s2000,O00 for improvements
on the South and North division. De-
mand was made for the record fee OF 10
cents on each $lC0 of value, as required by
the state law. The money, $4,000 was paid,
but suit at once entered by the road to
have it returned, on the ground that the
bill authorizing the charge was uneon-
stitutional The case was then taken up
by Attorney General Wilson for the state
and Mr.. Charles p. Jones for the trust
interests. Mr.. Jones alleges that the bill
is defective in that 1t was not properly
passed by the two houses in that it is
in violation of section 12l of the constitu-
ton, and for several other reasons. This
the state denies, and the argument was
made along this line last week before
Judge Thomas.
Another Big lease.
There is one other Zig case hanging on
the result OF this one, and the supreme
court will be aslSe to make it preferred
and review JUICE Thomas decision at
once. This o.ler cause Is that against
the Continental Trust company of Balti-
more, against which suit has been filed
by the Attorney General to recover on
the record OF a mortgage OF @5OOoOoo
given by the Seaboard Air Line and re-
corded in Russell county The fee
claimed by the state in this case is sll2,-
500, and suit has been brought in the
name of the state and the county OF
Russell. If Judge Thomas is sustained
by the supreme court it will mean that
the state has a right to collect on this
clam. With costs Of litigation paid ~
the defendants.
To Visit Lodges.
An official visit will be made to the
lodges of Eufaula and Union Springs
this week by Grand Chancellor f. Z.
Nichols and Grand Keeper of Records
and Seal c. G. Miles, of the order OF
Knights of Pythias. Mr.. Miles leaving
here tomorrow to join Mr.. Nichols at
Eufaula. The meeting in the capital of
Barbour will be held at the court house
under the auspices OF Calanthe lodge No
is, at which time speeches will be made
a general good time enjoyed. The I'm
lon Springs meeting will be held Friday
night, and a good programme has been
arranged
True Blues Hold Drill.
The Montgomery True Blues held their
regular monthly drill at the armory last
night and took part in a prize drill. me
Weiss gold medal was won again by
First Sergeant w. e. Dow, who has had
it for some time. This medal was given
some time ago by Mr.. w. e. Weiss, nrst
lieutenant of the company, who hopes as
a result to infuse additional life into
the members of the company and en-
courage good drill work
Bank Promotions.
r. Emmett Seibels has been promoted
to the position of second assistant cashier
of the Merchants and Planters-Farley
National bank, Henry T. Bartlett hav-
ing his title changed to first assistant
cashier. The other promotions are l.. W.
Tyson from receiving teller to paying
teller, John j. Flowers, Jr. from ex-
change clerk to receiving teller, J. Hnd-
son Morton being the other receiving tel
Ter, Archie Tyson from the collection de-
partment to exchange clerk.
The Governor has RENTED a forfeit
ure against Rose Huey and Frank Caf-
ford OF Jefferson county. They went on
the bond OF Henry Webster, charged with
abusive language, who did not appear
for trial because of an error. Later ne
came in and the case against him was
mol pressed. In the meantime the for
fixture had been made final thus putting
it up TO the Governor
Teachers Licensed.
The following teachers have been
licensed;
Tallapoosa County. John William
Meacham, Goodwater; linda May Horton,
Alexander City; Crala Thompson, Motley
Nora Greene. Meltons Mill; Elya Mabry,
Alexander City; Regina Daniel Alexan-
tie Gross. Camp Hill; Marvin Fl. Han
cock, Haeltneyville; r. II. Meaeham,
Hackneyville; Bonnie f. Ray. Alexander
City; Jessie NJ. Heron, Alexander City
(colored)
Lauderdale County.-Rosa l.. Douglass
Dora Rains, Carrie Ellis, Lena Roberts,
Rebecca Sargent Lima May Bowen, Tilda
Hughes, ]. M. Pratt, Cora Waldrop, Sarah
Hooper, Elsie Morris. Bessie Carmichael,
e. H. Ijams Emma Gresham, Essie
Burns Ethel Sellers. John L. Kennedy
FIorence Elmer l.. Koonce. Threet; John
Burch, Florence. w. c. McCarver, Bea-
verton Harris Burns, Florence; Mary
Roberts Waterloo Johnsic Steadham,
Felicia Blackwell. Maggie Gresham, Nera
Myrick, Mary Dauglass, Gayle Holder.
Henry G. Sanders. John NJ Phagan, b.
f. Wooten. Florence: o. p. Heffngton,
Pruitton; w. A. Adkisson, Hines.
Forney 10 Appointed.