The Birmingham age-herald., 1905-03-28
WHERE DOES MAYOR SPEND HIS NIGHTS2 That's What His Friend, Allen,
 Wants to Know ANYWHERE OR NOWHERE" Case of City Against pr. Howell T. Hefin Raises interesting Cues
 tion-Dr. Heflln Is
 Released.
ANYWHERE OR NOWHERE"

lice court with having removed on the 18th inst, the child of W. T. Lowe while infected with a contagious disease from one house in the city to another without first obtaining permission to do so from the mayor, was released yesterday by Judge k Feagin.
 Dr. Hehin was not released, however, until the case had engrossed the courts attention for several hours, and not until B. M. Allen, counsel for the defendant, had, in an elaborate argument. poSed the question:
 "where does Mayor nrennea spend his nights?'
 On the answer to that interesting inter- rogatory depended, in no small measure, the fate of the defendant.
 How It Came Up.
 It came up in this way. pr. Hefiin was arrested on the charge stated In a fore going paragraph. Allen filed demurrers, setting forth that the child had not been named in the charge, that the charge fail- cd to allege that the violation of the city ordinance on the subject took place inside the city and finally that the ordinance was an unreasonable one and should not be enforced.
 When MT. Allen got down to the third point in his argument on the demurrers, 1t became his duty in defending his client 10 raise the question as to how, or at least as to where. the Mayor passes the night time.
 Allen States the Case.
 "lf the court peases," said MT. Allen t is always; If the court plesses." and never If the court please" with MT Al len-'if the court pleases, this ordinance Is highly unreasonable. Here we have a case in which child-a little child-ls, from all appearances, at the point of death. The physician comes, examines the child and decides that, in order to save it's life, the patient must be taken to hos pital and there undergo an operation. The operation must be made at the earliest possible moment. The child's life is at stake. In his zeal to save the ehild's life, the physician has the child transferred to the hospital and there performs the neces- sary operation.
 Now, if the court pleases, this ordn- ance and the city attorney say that before this child, lying in imminent peril of death, can be transferred to the hos pital the physician must hunt up the Mayor and get the Mayors permission to make the transfer.
 "Where Is the MayorY
 Why, If the court pleases, who knows where the mayor is even in the day Ia hD city hall. He may be. if the court pleases, attending some committee meet ing He may be- If the court pleases, addressing some convention. He may be examining some work done under the di- rection of the city. He may be at home, or at the club, or on the street. He may be in some, cafe, dining with ladies. or in the country holding the rens over a pair of Kentucky roans Who knows, if the court pleases, where the mayor is. even in the day time?
 Oh, Where Is He?
 And, if the court pleases, if it be difficult to hunt the mayor up while the sun is shining, by what means un- der heaven can he be discovered when
  velops the earth; when, if the court pleases-
 "one by one, in .--e infinite meadows of heaven.
 Blossom the stars-tha forget -me-nots of the angels"
 Where I repeat, if the court pleases may the mayor be found at that time? Surely he's not in his office. Are we sure, if the court pleases, he will be at his home? Why. if the court pleases the mayor may be at the theatre wateh- ing play or at the Country club play ing dominoes or at the Southern club playing Kelly pool or at the City Coun- cil, or in the hotels. or calling on the fair sex on South Highlands, or reading Shakespeare at home, or talking about Richard III away from home, or pre- pairing his annual report in the city hall, or cooing and wooing and canoeing on some placid lake somewhere with-some one.
 A Little Child.
 And yet, if the court pleases, this ordi- nance here says that when a little child one of those pathetic figures, if the court pleases, whom 1900 years ago the Master placed in the midst of His warning dis ciples and bade them understand that that helpless little creature prefgured forever to the minds of men the kingdom of heaven-shis ordinance says, if the court pleases, that when little child is dying and the physician to save it's life. wishes to move it to hospital he must first hunt up the ubiquitous Mayor and get permission to do so from his honor. who may be anywhere or everywhere--or no- where
 Now. if the court pleases. l submit that such an ordinance is unreasonable and ab- surd and preposterous and-and-and." said Mir. Allen.
 Judge Teagin's Decision.
 Judge Feagn heard Allen through and said he would take the demurrers under advisement. Then the testimony began. Briefly 1t tended to prove that the dis ease with which the child was affected. had not, at the time of removal. reached the infectious or contagious state, and that the child's condition required that 1t be moved at once to the hospital Under the weight of this testimony, and not un- mindful of the force of MT. Aliens argu- ment regarding the mayors wherea bouts by day and the mayors haunts by night. Judge Feagin dismissed the case against Dr. Hehin.
 Wall Papering
 Wait for Crockett Wall