The Birmingham age-herald., 1905-07-01
COURTS RULINGS
 ARE MORE LIBERAL Advertising Section of ConSti- tuition Again Construed LONG LIST OF DECISIONS Dispensarles of uniontown and Fauns- dale Are Lesal-TunstaII Entitled
 to Be Solicitor of Annis-
 ton City Court.
LONG LIST OF DECISIONS

Alabama supreme court adjourned today for the term after handing down a long list of decisions. The now famous adver- Using section of the constitution was again construed in a number of cases and a much more liberal view taken than has heretofore been the case. It is held that w. C. Tunstall is entitled to the office Of solicitor of the Anniston city court, and that the claim of E. H. Hanna is no good; that the Montgomery Traction company may build into Electric park; that the inferior court or Geneva county is good; that the dispensaries of Union- town and Faunsdale are legal, and that the city of Montgomery has a right to charge trading stamp companies s4oo year license if it sees fit, which IS au- thority for others doing as much. It was also held that the new redistricting laws for schools are good and supersede the old. w c. Sanford, who killed J. A Aeh- ors, Birmingham engineer, was given new trial, and E. M Carwile, who shot P. H. Snow at Boaz, will have to stay in jail until his trial.
 Much More Liberal Ruling. The ruling of the court in the Tunstall- Hanna case was 4 much more liberal one than has ever been so in the matter or section 1O6. which requires that local bills shall be advertised fully before they De- come law. The majority seems to nave gone very much farther toward nberal- ity than in the case of the Jefferson county consolidated court, or any ot those involving the judiciary laws of the state. If is rumored that the court spent several days discussing the position finally taken by the majority, and that chlef justice Mcclellan and Justice Denson, who dls- sented will write an opinion setting out their views.
 The inferior court of Geneva county ana the dspensary cases Involve the same section and were held good by the saiiie l division of the court.
 j. D. Gamble was forced to pay S4oO license to the city of Montgomery to run a trading stamp establishment, He Kicked on the charge alleging that 1t is too hisn' He lost in the lower court and now loses In the higher. Not long ago the court held that the city had no right to make man pay for using them in his business | if he was already paying a license to the | city to conduct his business. An important case was that of G. A Gibson vs J. Mabrey, from the chancery court of Marshall county Mabrey IS county superintendent of education. The supreme court holds that the district trus- tees may select teachers subject to the approval of the county board, but If the county board refuse they cannot do so Also that county boards have absolute power to locate schools. Also that the redistricting law is not amendatory, but new, and that all power in the manage ment of the schools must come from it.
 The supreme court also grants man. damus proceedings brought by Thomas J. | Cornwell of Bessemer to prevent Judge Jackson from sitting in trials of Corn we'll wherein is involved cases Of the de- | funct Bessemer bank. of which Cornwel was president. the point being that Jack son was a depositor in the bank, and ] therefore was not eligible This is to make Cornwell show cause why he is not able to try the cases.
 List of Decisions. | The full list of decisions handed down | today was as follows:
 Opinions were handed down by the SUI preme court in the following cases to- day, June 30. 1905:
 | Mcclellan, C. J.-Lola Daniel vs. A. M Baldwin, appeal from Montgomery city court. Reversed and rendered.
 Tischomingo Savings Institution vs Johnson. Nesbitt & Company, appeal l lTOin MVi6di tiiN'it NO'N' | and remanded.
 Louis Frederick ys. the State of Ala | bama appeal from Bibb circuit court | Affirmed
 Per Curiam-Samantha Lowery vs. J. D. Henderson, administrators appea from Coffee chancery court. Motion granted. Decree affirmed on certificate | of apepal.
 Robert L. McISissack vs. w. A. Me Landon, ct all, appeal from Henry cir cult court Application to set aside af' firmance on certificate. Application over ruled.
 Ex parte T. J. Mathews, application fol mandamus, rule nisi awarded. Returned first motion day of the next term of this court.
 Exp parte John Savage, petition fol writ of prohibition, etc. Rule nisi de nied and dismissed
 l Montgomery Traction company vs | Montgomery Street railway, appeal iron Montgomery chancery court. Reversed | and rendered. The decree overruling mo ton to dissolve injunction reversed anC decree here rendered dissolving injunc ton. Tyson and Dowdell, J.. J., dis senting.
 Tyson, J-Florence Wagon Works vs the Kalamazoo Spring and Axle com pany. appeal from Lauderdale circui court. Affirmed.
 l David l.. Chambers administrator, vs William T. Powell, ct al, appeal iron Marshall chancery court. Affirmed.
 James Henry vs. N. c. X St. l.. rail way, appeal from Madison county court | Affirmed
 Louisville ,& Nashville Railroad com pany vs William c. Preston, appea from Morgan circuit court. Affirmed.
 City of Uniontown, ct all, vs. the Stat | of Alabama, ex rel. Edwin R. Glass. Jr. ct all. appeal from Perry circuit court Reversed and rendered. Mcclellan, c. J. and Denson. J., dissenting.
 Western Railway of Alabama vs. An nie Russell, administratrix, appeal iron Montgomery city court. Affirmed.
 Spencer Shelton vs. the State of Ala bama, appeal from Dallas circuit court 1 Reversed and remanded.
 Sloss-Sheffield Steel X Iron compan. vs. John Holloway. administrator, etc. appeal from Colbert circuit court. Al | firmed.
 R. P. Wallace vs North Alabama Trac ton company, appeal from Morgan cir cult court. Affirmed.
 James Woodruff ct all, vs. John H | Hundley. executor. etc. appeal Iron | Limestone chancery court. Affirmed.
 Richard Browning, ct al, vs Carri Daniels appeal from Marengo circui court. Affirmed.
 Richard Browning ct al vs. Willi connor, appeal from Marengo circui | court Affirmed.
 Richard Browning. ct al. vs. Charle | Conner, Jr., appeal from Marengo cir cult court. Affirmed.
 Ciem White vs. the State of Alabama A