The Birmingham age-herald., 1905-08-01
THE LEGAL RECORD.

| THE LEGAL
 F. B. McWillams of Ensley yesterday
 filed a petition in the city court asking
 Judges Senn and Ferguson to issue an injunction restraining the officials of that
 city from selling his property for delin-
 quent taxes, After reading the petition,
 Judge Ferguson granted the injunction. :, It is claimed in the petition that the
 eompanants property was made subject
 to taxes of the city of Ensley by an act
 of the legislature of 1901 entitled 'aan act
 to alter and re-arrange the boundaries
 of the city of Ensley, Alabama" which
 act the petitioner alleges. is unconstitu- 1 tional
 It is averred that notice containing
 the substance of the proposed act was
 not published and proof made thereof
 as provided for In section 106 of the state
 code. It Is also claimed that the journals
 of the legislature do not show that the act was voted on afflrmatively. The com I plainant also states that orther provis-
 Ions of the state law were ignored and
 on these grounds he asks that an injunc- tion be granted restraining the city of
 ficials from selling his property for de- | linquent taxes.
 1 The complainant ayers that he is the owner of fifteen acres of land which were included within the corporate limits of Ensley by the encouragement of the boundaries as provided for in the act of the legislature above mentioned. The | tax sale was scheduled for this morning at 10 o'clock and the writ of injunction will be served on the officials before that
 time.
 Joel F. Webb and Sharpe & Miller are the attorneys for the complainant. l W. D. Carey, the deputy cherin charged
 with harboring or assisting in the escape
 of an alleged deserter from the army,
 was discharged after a hearing before United States Commissioner Alex c.
 Birch yesterday morning.
 It was charged that Carey released
 Richard Sanders. alias Augustus E. Cole, l charged with being a deserter from the
 army, without having proper authority
 to do so.
 C. E Fant Alex Wilson, J. M. Street
 and Andrew w Budgin testified as to the
 arrest. efforts to deliver the prisoner to
 the proper authorities and final release
 of Sanders Carey testified that he had
 arrested Sanders and immediately brought
 him to Birmingham He guarded the pris-
 oner in the wardens office of the county
 jail the night of the arrest and the next l
 tion and offered to deliver the prisoner | but they refused to accept him. Carey | further told that the prisoner could not l be placed in the county jail, and not
 knowing what else could be done, he
 asked Chief Deputy Sheriff Stradford
 and others for advice, and was told that
 he had done all in his power. Carey 1 claims that he could not secure transpor-
 tation to Fort Morgan, from which post it Is alleged Sanders deserted. 1 He further testified that he carried the prisoner back to Adger and released him.
 Carey said that he made no effort to shield the alleged deserter, and that for some time Sanders was at work in the mines at Adger and could have been re- arrested. The deputy claims that he re- ceived no peeuniary or any other kind of consideration for releasing Sanders, and that after failing in all of his efforts to de- l liver his prisoner. he took him to the place of the original arrest and released | him.
 | Attorney Robert N Bell defended Carey, and In his argument quoted a section of the code in which it is stated that it is the duty of deputy on aresting an al- legged deserter from the army to deliver the prisoner into the custody of the mill tary authorities. He said that this was done by Carey. and when the local mili- l.tary officers refused to take Sanders noth- ing remained but to release him. He stated that inasmuch as Carey did not in anyway shield or harbor Sanders that he was not guilty of violation of the fed ef4l statute.
 George B. Tarrant and Frank Hewitt, Jr.. will today take up the duties of tax collector and tax assessor. respectively They were elected to their offices last fall
 MT Tarrant, who will succeed Cap,. J. E. Francis, has been chief clerk in the probate court for a number Of years, ana has been ucceeded by Sam Blake, for- merIy erk in the city court MT. Hewitt who will succeed J. F. McLaugh- lin, has been chief clerk in the tax as- sessor's office for several years. W. stonecpher, white man, charged with criminal assault, was given pre- liminary hearing before Justice of the Peace I. H. Benners yesterday morning, and was bound over without bail to await the action of the grand jury. In the office of the clerk of the probate court yesterday articles of incorporation were filed by the North Birmingham Forge company, with capital stock of s2o,00O. The following are the officers of the new company: J. H. Minge, Jr.. pres ident and treasurer: W. E. Nichols. vice president; and F. J, smeyer. secretary The foregoing are also the ncorpora- tors and directors.
 The docket for the fall term of the city