The Birmingham age-herald., 1905-07-20

Judge Charles A. Senn of the city court, yesterday decided that the inferior court of Birmingham was unconstitutional, and that Justice of the Peace H. B. Aber- nathy is justified in hoNlng his office In Precinct BE-
 Judge senn's decsios was in the case of the State of Alabama in the relation of A. B. Perdue vs. H. B. Abernathy. The petitioner seekeds to secure the re- moval from office of Justice Abernathy by quo warranto or ether remedial writ, claiming that the law passed by the leg islature establishing the inferior court of Birmingham in lieu of the courts of justices of the peace, was constitutional
 Judge Senn rendered the same decree last year,N and in his decision yesterday he went over practically the same ground upon which he based his formre decision. The petitioner has announced his intention to appeal the case to the supreme court, and according to Its nature il will receive a preferential place on the docket and be heard as soon as the court conyenes in the fall.
 Attorney w. T. Ward represented the defense In the petition yesterday, while Attorney Felix Blackburn represented MT. Perdue.
 Harrison Earle has filed suit In the city court against the Atlanta and Bir- mingham Air Line Railway company for $250. The plaintiff claims unlawful tres pass on his property by the defendant.
 Articles of incorporation were filed in the probate court yesterday by the Home Gas Lighting company, with a capital stock of $500 The company will begin business with S1200. The following are the officers: John P. Evans. president; George w. Fallin, vice president and gen era1 manager; Leonard Fallin, secretary; John Woodrow, treasurer. These, with Henry White, constitute the board of directors. The company gives as it's pur- poses to do a general manufacturing and mercantile business and to buy, sell and manufacture gas fixtures.
 The following cases were disposed of in the chancery court yesterday:
 Annie McLester, ct al. vs. Noodlawn Cemetery company; submitted on demur- Ter.
 H. K. White vs. L. D. Vines ct al, de- cree pro confesso against respondent.
 Emma Oliver vs. Charles Oliver; decree for complainant.
 Bessemer Trust and Banking company
 
 cree disnissing receiver.
 Eva R. Johnson. ct al, vs. Jaunita John- son, ct al. decree ordering sale.
 D. F Constantine vs. Richard M. h. gram, ct all; decree appointing guardian for minor respondents.
 This morning the chancery court will adjourn until the goth of August The docket will be taken up for a short while this morning. but in the afternoon nothing will be done. The office of the register in chancery will be open during the vacation. as the law requires that the court always remain open.
 The following marriage licenses were issued from the office of the clerk of the probate court yesterday:
 William Davidson. Birmingham. and Miss Estelle T. Joseph.
 Joshua Gore, Ensley. and Nancy Flu dora McDonald.
 Judge Feagin stated yesterday that there will be no session of the police court this afternoon. and. that only the pleas of the guilty will be heard this morning.
 Through Chief wier he notified the po- licemen that in making out bonds they were to be returnable Friday. instead of today The judge and Chief Wier are to speak at the annual barbecue and picnic Of the bartenders' union.