The Birmingham age-herald., 1905-02-08

1 of the state. It was never intended that the notice should state the proposed law in it's entirety Chief Justice Mcclellan and Associates Simpson, Anderson and Denson concurred.
 New Men Lose Out. 1 The contention fo John Crowley and John Craft of Mobile, that they are entitled to places on the Board of Reve- nue of Mobile county is denied By local law governing positions James Gar rity and W. II. Holcombe were elected two years ago. It was insisted, however that the general election law repealed this local act. and that the men elected last November by authority of the general act, were entitled to the places. The su- 1 preme court upholds the lower court in the decision that the local law is good and cites the opinion of Justice Simpson l in the Montgomery county superinten- dent of education case also the decision l in the Montgomery county Board of Rev enue case having the same bearing. The l effect of the decision Is that the local l law is good and does not interfere in the operations of the general act; also that l the general act is undoubtedly constitu- tional
 Another case of "ouster" came up from Hale county, wherein s. w. Walton, clerk of the circuit court, undertakes to hold on in spite of the fact that Cad Garrett has been elected to the place. | The decision is the same as in the Prov l ell vs. Nasty case, and gives the place to the new man.
 Lively Allowed Bail.
 An interesting case comes up from Jeff l ferson county, in the application of Joe l Lively for bail on habeas corpus proceed l ings. Lively was indicted for the murder of ". A hitner, at Coalburg, in the l summer of 1904, the indictment also talk 1 ing in W. H. Mann and Hack Daniel, said to have been accompices. It seems that Lively was superintendent of mine at Coalburg and had become entangled with some parties on account of some 1 labor troubles, as a result of which he was hung in effigy. While some one was l taking down the effigy figure shots were fired and Whitner was killed. The effort to have Lively allowed bail was strenu- l ously fought in the courts and when such was permitted in the sum of $2,000 Solicitor H. P. Hefin, of the county, ap- pealed to the supreme court. All the par ties are white and the case has attracted wide attention.
 The court also decided thu. dispensary run by and for the benefit of a munich pality could not be sold, lor the stocks thereof, for debt of the municipality in which it is a part The Equitable Loan and Security company sued the town of Edwardsvile. in Cleburne county, on a debt of about $500, and securing a judg- ment levied on the stocks of the dispen- sary The court below held that the 1 sheriff had no right to take such action and that the goods were not liable for the obligation The higher court fully agrees.
 Supreme Court Decisions. The full list of decisions handed down today follow:
 Mcclellan, c. J. John King vs. Hem derson & Bruce appeal from Marengo circuit court reversed and remanded. l The State of Alabama vs. Joe Lively, appeal from Jefferson circuit court; af- l firmed.
 | Frederick Sandoz ct all vs. Albert P. Imarhorn, appeal from Mobile chancery court affirmed.
 Southern Railway Company vs. Hani- bal Haygood, administrator, appeal from Morgan circuit court; affirmed.
 Vinegar Bend Lumber Company vs. Payne-Ott Lumber Company, appeal from Mobile circuit court; affirmed.
 Tyson, J-Caroline Bennett, administra- tor, vs George H. Mckee, appeal from Marengo circuit court; reversed and re- manded.
 J. H. Heyl vs. Aetna Insurance Com pany, appeal from Marengo circuit court; affirmed.
 Dowdell. J.-Gus Law vs. The State of l Alabama; affirmed.
 | Doe ex dem Katie Holmes vs. John P. Shockley ct al, appeal from Gadsden city court; affirmed.
 | J. c. Hudgins vs. the Southern Railway l Company, appeal from DeKalb circuit court; affirmed.
 l Denson, J.-Equitable Loan and Se- | ciirity Company vs. Town of Edwards vile appeal from Cleburne county court; l affirmed.
 l ". T. Langley ct al. vs. Walter An drews administrator, appeal from Talla- poosa chancery court; affirmed. Per Curiam-Walter Reevers ct al. vs J. w Gaston. appeal from A-arengo cir cult court; affirmed.
 The State of Alabama ex rel John Cow ley ct al vs. William II. Holcombe ct al. 1 from Mobile circuit court: affirmed l Samuel w. Walton ys State ex rel. Cad Garrett ct al. appeal from Hale circuit court; affirmed.
 Henry Powers Drops Dead.