The Birmingham age-herald., 1905-01-18
City Court of Birmingham.

Buson presiding.
 In the suit of John Holdman against the Alabama Consolidated Coal and Iron company. for 5000 damages. the jury found for the defendant. The case en- crossed the attention of the first division throughout the day.
 Today's Calendar. l No. 14s9s-Herman Mauk vs. Benjamin T. Shaw company; damages. Attorneys, Bowman, Harsh & Beddow: James Weatherly.
 1 No. 146s3-William Trammell vs. Smith & Tetherow; damages Attorneys. Bow man, Harsh & Beddow; shugart & Bell.
 No. 1444-stephen M Sims vs. Tennes- sec Coal. Iron and Railroad company; ! damages Attorneys. George P. Bondu- rant; Walker Percy.
 No. 1464s-J Hargis vs. Birmingham Railway, Light and Power company: dam ages. Attorneys, Weaver Ss Washington; Hugh Morrow
 No. 14403-C. F. Mccoy vs. Fannie and Anna West; certiorari by defendant At torneys. j. T. Glover; Denson & ullman and J. W. Hood
  presiding
 The feature of the proceedings in the l second division of the city court yester- day was the decision handed down by Judge Senn in the case of the state of Alabama ex rel R. L. Williams against I. II. Benners and H. B. Abernathy, as judges of the inferior court of Birming- ham. This Is the case brought to test the constitutlonality of the act which was passed September -6, 1903, and which was intended to establish the inferior court of Birmingham.
 Judge Senn held that the establishment of the court was unconstitutional. and that Judges Benners and Abernathy are required to rellnquish the offices to which they had been appointed by the Governor. | The case came upon quo warranto pro- ceedngs instituted to test the right of Judges Benners and Abernathy to hold | their offices The only question involved was whether or not the act creating the court was constitutional The supreme | court has recently held that the Bessemer | inferior court was unconstitutional, the | court holding that the notice of publica-
 
 been compiled with. Section 106 of the constitution provides that no special pri- vate or local law can be enacted unless notice of the Intention to cpply therefor | dhat is. to apply for the passage of the act) shall have been published, without l cost to the state, in the county or coun- ties where the thing to affected may be situated which notice shall state the | substance of the proposed law. | In the case of Wallace against the l Board of Revenue the supreme court held that the advertisement must give a con- pendium or abstract of the matter con- tained in the bill. This decision of the supreme court. delivered July 21, 1904, knocked out the consolidated circuit court of Jefferson county.
 The bill intended to establish the in- ferior court of Birmingham was enacted September 2e, 1903. Soon after its ennact- ment I. H. Benners and H. B. Abernathy were appointed to be judges. The salary of each was fixed at $1.5O0 a year. The 1 bid provided also for a clerk and an as- sistant, with salares respectively of $75 | ard $50 a month.
 
 to appeal in ten days the Judge of Pro- bate will certify that the office of justice of the peace in precincts 21 and T are vacant, whereupon the Governor will pro- ceed to fill the vacancies by appointing two justices of the peace and one notary public ex officio justice of the peace In each precinct
 Judges Benners and Abernahty made it known yesterday that they had acqui- esced in Judge Senn's decision. The friends of each are circulating petitions asking that Benners and Abernathy be appointed to two of the six vacant jus ticeships of the peace. Candidates for those six positions sprang up all over town yesterday, as many as thirty appli- cants being in the race before Judge Senn's decision was three hours old.
 Frank Deedmyer and H. K. White rep resented Williams in the case. Judges Benners' and Abernathy's interests were defended by J. T. Glover and A. Leo | Oberdorfer.
 Other Cases.
 The suit of D. H. Riddle against the McLester- -vanHoose company was taken under advisement
 Judgments for the plaintiffs were en- tered In these cases: Norfold Storage company against the veitch- Young Pro- duce company, nil dicit; J. Cooney & Co against J. G. Greener. $36 by agreement Max J. winkler Brokerage company against M. M. Mack, Standard oil com pany, garnishee, $40. nil dicit.
 
 Today's Calendar.
 No 164so-J Leopold & Co., vs. the Duff fin Mercantile company and others; sumpsit Attorneys. Sterling A. Wood; Frank Callahan.
 No. 16433-The Alabama State Land com pany vs. Elizabeth McDaniels; ejectment | Attorney, J. A. W. Smith. | No 16437-Crawford Mercantile company vs Black Diamond Coal company appeal by defendant. Attorneys, w. K. Brown and D. W. Crawford; Frank s. White & | Sons.
 | No 164s9-The Stowers company vs. MT. and Mrs. W. O. O'Neil; certiorari by de- fendant. Attorney. J. H. Ward. | No 16449-Julius Heinburg vs. Kansas City, Memphis and Birmingham Railroad company: appeal by defendant. Attor- ao,,s r,ichard IT Fries: Camphell S