The Montgomery advertiser., 1905-07-01

tice Haralson has been Ill some time.
 The decisions of the Court covered
 every phase of litigation from petit
 larceny to matters of great constitu-
 tional import In passing. 1t is worthy
 of note that the Court upheld the le-
 gality of the dispensaries at Uniontown and Faunsdale.
 The question at issue between MT. Tunstall and Mir Hanna was whether the Solicitor of the City Court of An niston should be appointed or elected by the people. MT. Tunstall was ap- pointed Solicitor in last February py authority of an act passed by the Leg islature of 1903. Mir. Hanna ran for Solicitor before the people. contending that under tho general law the place was elective and that tho local law, proviGing for an appointive Soiicitor' was unconstitutional
 Having secured his election. MT :: Hanna sought to oust MT Iunstall from the office setting up that there was not sufficient notice of the local law under which he was appointed, aS provided by Section 106 of the Co1stf- tuition. The Circuit Court of Caiaenn County which is affirmed by the 'su-
 preme Court. held that the notice Of the
 local act was SRetent.
 A Libel COnstructio The opinion df the Supreme Court was written by MT. Justice simpson. He holds that the courts should be lin- erai In construing this section or the Constitution and look to the intention of the Legislature in passing the act. The opinion says that while 1t Is neces-
 sary for the substance of law to De given in the notice 1t is not expected that all of the details of law snail be set out in the notice.
 This Is a much more liberal construc- ton of the Constitution than was giV- en by the court In the case of Wallace who successfully assailed the Jefferson County consolidated court act. MT. Chief Justice Mcclellan and MT. Justice Denson disSented rom tne opinion of the majority. They held that there should be a rigid construc- ton of the Constitution and that every thing in a proposed law should be set out in the notice before 1t goes to the Legislature.
 Another case decided by the court in | which the "advertising" section of the Constitution was involved was that oi James Black of Geneva County in | which it was sought to abolish the Geneva Inferior Court by contendine | that sufficient notice of the act creat- l ing the court was not given. The cour' | holds that there was sufficient notice and the validity of the Inferior Court 1 Is upheld.
 Management of Schools. l In an opinion by MT. Justice Simp' | son the court lays down some new
 principles concerning the management | of rural schools. The case was that o1 1 c. A. Gibson against Jay Mabrey, Su- | perintendent of Education of Marshall | County. appealed from the Marshall | Chancery Court. .:.- The case was affirmed in part. re- | versed in part and rendered.. The court held that district trustees have a right tn select teachers subject to approval of the County Board. If the turstees refuse to select teachers the County Board has no power to make them do so. The board has absolute
 power to locate schools. It is held that the redistricting law is not amendatory to the old law and that all
 powers of teachers and other officials come from the new law and not from the old.
 E. Monroe Carwile of Marshall Coun- ty. who shot and killed P. H.. Snow.
 near Boaz, about a year ago, was de-
 nied bail in an opinion by MT. Justice Dowdell. .:~ --- ~. Both men stood highly in their com l munity. Carwile appealed from an or der of the Probate Judge of Marshall County setting aside and annullinS a
 former order admitting the petitioner to bail. The opinion by sMr. Justice Dowdell dismisses the appeal. In granting an application for a re- hearing and setting aside it's previous | Judgment of afiirmance in the case of | the Louisville and Nashville Railroad | Company against w. l.. Perkins from | the Butler Circuit Court, the court gave | an important decision to the railroad | company. Mir Perkins had secured a | judgment for s12,O00 and the case will | go back to the lower court for trial. ,: List of Opinions. A complste list of the opinions hand | ed down by the Supreme Court is as | follows: -:- -..->*. Mcclellan. c. J.-Lola Daniell vs. A. l NJ Baldwin, appeal from Montgomery | City Court; reversed and rendered. Tishomingo Savings Institution vs. Johnson. Nesbitt & Company, appeal
 from Morgan Circuit Court; reversed | and rendered. ... -. Louis Frederick vs the State of Ala | bama. appeal from Bibb Circuit Court; | affirmed \ Per Curiam-Samantha Lowery vs. J. D. Henderson, administrator appeal from Coffee Chancery Court; motion l granted. decree affirmed on certificate | Of appeal. +a".. Robert L. Mex issack vs. w. A. Mc-
 Lendon ,et al, appeal from Henry Cir l ciut Court: application set aside affirm | ance on certificate, application over | ruled. ".--. ~~ -4-: Ex parte T. J. Mathews, application | for mandamus, rule nisi awarded, re- turnable first motion day of the next term of this court. 4"= .:....'- + Ex parte John Savage, petition for
 writ of prohibition, etc, rule nisi de-
 nied and petition dismissed. Montgomery Traction Company vs.
 Montgomery Street Railway. appeal from Montgomery Chancery Court; re-
 versed and rendered. The decree over
 ruling motion to dissolve injunction re- versed. and decree here rendered dis
 solving injunction; Tyson and Dowdell, J. J., dissenting.
 Tyson. J.-Florence Wagon Works
 vs the Kalamazoo Spring and Axle Company, appeal from Lauderdale Cir cult Corut; affirmed.
 David l.. Chambers, administrator.
 vs. Wm. T. Powell. ct al. appeal from
 Marshall Chancery Court: affirmed. James Henry vs North Carolina and
 Circuit Court; affirmed
 Louisville and Nashville Railroad
 Company vs. Wm. c. Preston, appeal
 from Morgan Circuit Court: affirmed.
 City of Uniontown. et al, vs. the State
 of Alabama. ex rel Edwin R. Glass, Jr.. ct al. appeal from Perry Circuit Court,
 reversed and rendered. Mcclellan, c.
 J., and Denson, J.. dissenting.
 Western Railway of Alabama vs.
 Annie Russell. administrative. appeal
 from Montgomery City Court; affirmed,
 Spencer shelton vs. the State of Ala
 bama, appeal from Dallas Circuit Court;
 reversed and remanded.
 Sloss Sheffield Steel and Iron Com pany vs. John Holloway, administra-
 tor. etc, appeal from Colbert Circuit Court; affirmed.