The Birmingham age-herald., 1905-11-29
IMPORTANT CASES
 UP BEFORE COURT Judge Brewer of Fifth Circuit
 Overruled BIRMINGHAM CASES HEARD Question Concerning Inferior Court of Birmingham Comes Up and Is At
 tracing Much Attention.
 Other Montgomery News.
BIRMINGHAM CASES HEARD

In granting the motion to establish Dill of exceptions in the case of Metcalf Letch-
 CT vs the State today the supreme court overruled Judge S. L. Brewer of the Fifth { circuit in very positive way, and allows
 the attorneys for the accused to do things that the judge would not consent to at the time appeal was taken. The decision
 to allow the bill established was by the whole court
 Letcher Is under sentence of ten years } for the killing of d man named Lyons
 in Macon county some time ago. He was convicted of assault with intent to mur der though the first charge very much graver The case has attracted , wide attention over the state owing to the prominence of the accused
 The court also granted a motion to es- tablish bill of exceptions in the case of John Hanby vs J. A. Folsom, from the Tallapoosa circuit court This is another out of the court of Judge Brewer, he fail ing to sign the bill before fifty days, prescribed by law.
 Fighting Section 106.
 A case of peculiar interest before the supreme court, presented recently, is that of a citizen of the county of Jefferson vs. H. B. Abernathy, in which 1t is sought to discover why the said Abernathy holds and administers the office of justice of the peace in Birmingham when he was elect ed judge of the inferior court. The mo- tion is a proceeding in quo warranto and involves the constitutionality of the law creating the inferior civil courts of Beats 21 and 37 in Jefferson county.
 In several cases of the establishment of inferior courts in the state the law was declared unconstitutional. falling down in most cases on the construction of the famous section 106 of the constitution, the stumbling block of many an amblti- ous statute. The Jefferson county court
 was declared bad by Judge c. A. Senn of the city court of Birmingham because of too little appreciation of section 1O6 and the matter was allowed to stand at that. The two judges of the court were appointed justices of the peace and since then they have run along in that way.
 However. F. E. Blackburn of the Bir- mngham bar. has never been happy since section 106 proved disastrous to the con solidated court of Jefferson county and
 he has taken this plan to further show
 his resentment He hopes to get in a
 blow somewhere that will do 1t a lot of
 harm. There are any number of good
 lawyers all over the state who will be
 happy if MT. Blackburn draws blood but
 they are not expecting much from 1t.
 They have been there and their reputa-
 tions have not been bolstered up any by
 reckonlngs with the said dangerous sec | tion.
 After Corporation Law.
 Daniel Collier of Tuscaloosa is here
 for the sessions of the supreme court.
 having some minor cases to be presented.
 He did not, however. get in with papers in time to submit what may prove one
 of the interesting suits of the term which is an assault on Section of the corpora ton statute, about winch there has been
 much talk. It will be contended in the case which he has In hand that the sec ton Is class legislation In that certain corporations have more rights than are given to other corporations or to individ- uals
 It seems that w. P. Pinckard and others of Birmingham, have rights to land in
 the county of Tuscaloosa, which they are contending for In the face of an ef-
 fort of others to get on them for a survey of a supposed railroad. In the mix Up there have been some arrests and it Is now up to the law. The only question seems to lie in the law and the rights | the chances are the supreme court will
 have some more turning down of the so- Ions to do.
 CIeburne Fight. The fight for the removal of the court house of Cleburne county from Edwards vile to Heflin goes merrily on. notwith- standing 1t is in the supreme court on a minor detail. The election has been or dered and set for December H. and the | ma n "a par a ptp6 iS He6 bu thp friends of Hefin that they will win the fight easily though possibly not over whemingly.
 w. B. Merrill, solicitor of the Gle burne county court, and J. A. Brown. representative in the legislature, were here today They say that there is much interest in the fight and that it will be quite interesting until the date of the election They say, however. that things are in fine shape in the county and that the outlook for the future is very bright. The friends of Edwardsville undertook to prevent the holding of the election by quo warranto proceedings which they lost in the lower court. That case is the one in the supreme court, being appealed. Opinions Handed Down. The supreme court only handed down four decisions today, though there were l number of submissions from the north l part of the state. The following is the full | list:
 | Tyson, J.-Lousvile and Nashville Rail- road company vs. Oliver Quinn, appeal | from Bibb circuit court; reversed and re- manded.
 ' Simpson. J.-Ex parte L. NJ. Jordan, ap- | peal from Covington probate court; re- l versed and remanded.
 Anderson, J.-Birmngham Railway Light and Power company vs Mary Ben nett appeal from Birmingham city court; l reversed and remanded
 Denson, J-Doie Mccoy, administra- | trix, vs Louisville and Nashville Railroad | company, appeal from Birmingham city court; affirmed
 After MT. Prince. State Auditor Carmichael has under taken to discover just how much former ] Tax Assessor l.. M. Prince of Jackson . county is responsible for error in as
 sessment that cost the state in tax losses
 SSS394 He has addressed letter to the attorney general asking that he take the
 matter up and enter suit against the
 bondsmen of the former officer if he
 thinks it proper
 The letter follows:
 Dear Sir; I beg to call your attention | to the accompanying copy of a report, l made to the governor, by Hon. George F.
 Sedberry, assistant examiner of public ac-
 counts in relation to the manner in
 which Mir l.. M. Prince, ex-tax assessor | of Jackson county. has heretofore per