The Birmingham age-herald., 1905-11-09

sanity laws ahead 1t may be some time yet before the sentences are finally exc cuted.
 Ali Moore, the negro in the case, who was sentenced to be hanged did not ap- peal to the supreme court.
 Law Declared Invalid.
 Atlantas ordinance prohibiting gamb- ling and betting on horse races and other contests, was today knocked out by the supreme court on the ground that the offenses stated therein are covered by the state law against gaming as found in sec ton 39S of the penal code, and, therefore, the city cannot adopt such an ordinance except by express legislative enactment.
 The case in which this decision was rendered was that against M. Thrower and Lorenzo Jones. who were arrested on the charge of making pocket books" on the races. In other words, they would, 1t is claimed, meet a man on the street, make a bet and register 1t In a book, though they maintained no special place of business for this purpose. Thrower and Jones were arrested by the police and fined in recorders court. This decision was carried to the superior court where the sentence imposed by the re- corder was sustained.
 The supreme court reverses this action and says the writ of certiorari should have been granted Following is the head-note of the decision, consisting in substance the supreme courts view of the caSe
 "To maintain a place of any charac- ter where persons are allowed to bet, offer to bet, place an order for a bet or telegraph or telephone bets on races of any sort is act prohibited by the penal code, section 39S, and such an act cannot, in the absence of express legis- lative authority, properly be made penal by municipal ordinance"
 The supreme court holds that if the defendants were guilty of violating the terms of the city ordinance. they were guilty of violating the state law and that they should have been tried In the state court. Under the section of the state law quoted, the supreme court holds that it is illegal to maintain a place for making bets anywhere, even on the public streets, as was charged in the case of these defendants.
 Before Atlanta can prosecute such cases in recorders court, however the city must have express legislative au- thority for passing such an ordinance as that with which this decision deals
 Meeting Will Be Featureless.
 The state railroad commission will meet tomorrow, but the outlook now is that the meeting will be brief and featureless. The only two matters even of small mo- ment to be considered are the application of the Western and Atlantic Railroad company for permission to move the depot at Smyrna, about 200 yards further south, and the petition of H. l.. Barfield of Macon. for the special iron rate on woven wire fences. Both of these matters will be disposed of tomorrow and other de- tall business will receive attention. The postponement of the Spencer Hanson hearing in the matter of the ownership of the Central of Georgia Railway com pany's stock, has robbed the meeting of it's principal interest.
 The commission, however will hold an important meeting next week when 1t will investigate the proposition as to whether the Central. Southern, Seaboard and Atlantic Coast Line railways, should be put in Class A, where they would be allowed to make no charge for freight transportation in addition to the standard tariff rates. These hearings begin on November IA, and will last several days. It is expected an enormous mass of evidence will be submitted on both sides of the proposition. At present the Coast Line is permitted to charge 10 cents and the other three roads 25 cents in addition to the standard tariff rates.
 Georgia Deiegataion Divided.
 The Georgia contingent at the coming conference on immigration and Quaran- tine which begins in Chattanooga to- morrow is going to have an interesting time of it with Atlanta's delegates clamoring for federal control of quaran- tine and the state officials and many of the states delegates fighting it.
 It looks like continuation of the fight between the Atlanta and the state boards of health in the recent quarantine situa- ton.
 Governor Terrell, who will go to Chat tanooga tomorrow night, upon his return from the Confederate veterans reunion at Macon, expressed himself today as unal- terably opposed to national control of quarantine matters so far as Georgia is concerned
 ''rhey shall never take charge in Geor- gia while am governor" Governor Ter rell said II don't want any board up in Washington deciding when Georgia S business shall be cut off If anything like that is to be done, we can look out for it ourselves. I think we ought to have uniform regulations in matters of quarantine, but when it comes to federal control, so far as Georgia is concerned, shall fight it as long as I am able to do so."
 The Atlanta board of health has pro- nounced in favor of federal control and Mayor Woodward and the Atlanta delega- tion will go to Chattanooga to support