The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-07-04
FREEMAN CASE Is
CAUSING DISPUTE
Mr.. Miller Gives History of the
Litigation
HAS TO DO WITH TUXEDO
Accuses Officials of EnsIey of DlIiatory
Tactics In Handling the Cases
and Urges Ruling In
the Matter.

the cases of the city of Ensley VS.. c.
N. Freeman which was thrown out of
court last Saturday by Judge Daniel A.
Greene of the jefferson County criminal
court, N. L. Miller, one of the attorneys
for Mr.. Freeman, makes the following
statement:
Your report of the cases of the city
of Ensley against C. N Freeman is err
roneous in it's whole tenor and it looks
as though you had been mised and i'm
posed upon.
THE cases were not brought by c. N.
Freeman against the city of Ensley as
you state. but were prosecutions brought
against Mr.. Freeman by the city of
Ensley for doing business as a contractor
in Tuxedo without license.
THE statement that the court upheld
the city in these cases is wholly false,
and in reference to two other cases where
in effort was made by people other than
Mr.. Freeman to test the constitutionality
OF the extension acts your report Is
misleading. In one of these cases an In
junction was sought to restrain the city
from prosecutions for acts done within
a quo warranto case and the supreme
court held that neither of these cases
properly raised the question of the con-
stitutionality of the acts purporting to
extend the corporate limits of Ensley and
did not decide or pass upon the validity
of the proposed extension.
Facts in Freeman Case.
THE real facts in the Freeman cases
are as follows: Freeman did business as
contractor in Tuxedo without a license
from the city of Ensley and the city
authorities of Ensley have arrested him
seven times for such doing of business.
In the first three cases he was fined and
he gave appeal bonds from the judgments
imposing the fines. appealing the cases to
the criminal court of jefferson county.
1t thereupon became the duty of the city
officials to send up said appeals to the
criminal court but they failed to perform
this duty and the city attorney stated in
open court that as to two of these bonds
they had been lost, but no explanation
was made as to the other one.
Mr.. Freeman was again arrested on
two separated occasions upon the same
charge. He was fined by the mayor and
again appealed to the criminal court.
These two appeals were sent up and they
are the ones which were before the GRIM
inal court last week Mr. Freeman was
again arrested on two occasions and en-
tered into an agreement under which he
paid, under protest, license as a con-
tractor and license was issued to him
and endorsed on the bottom of said
license is paid under protest. Bond
now held by city for test case F. G.
Fondyille." Mr.. Fondville is treasurer
of Ensley. Notwithstanding this agree
ment the city refused to make the test
as the following detail statement shows.
Freeman Appears for Trial.
1.-The two cases in which the city sent
up the appeal bonds were set for June
%. On that day Mr.. Freeman appeared
and asked for trial. The city of Ems
ley, through its attorney, Mr.. Romaine
Boyd, appeared and asked for a continu-
ance and on his motion the court pass
ed the cases until June 20, on which day
Mr.. Freeman against appeared and asked
for a trial. The city again applied for a
continuance and the court passed the
cases until Saturday, July l, on which
day the defendant again appeared and
asked for trial and again the city be-
sought the court for continuance. The
court held that the city's unprepared-
ness for trial was the result of Its own
lack of diligence and ordered the case to
to trial. offering to let the city
ettorney make showing or statement
as to what the witnesses for the city
would swear If present. The city attor-
ney stated that he could not make such
showing and again begged the court for
a continuance. which the court again de-
clined. Thereupon the defendant Free
man confessed in open court that he had
done business as contractor In Tuxedo
without license and that Tuxedo is with
out the old corporate limits of Ensley,
but within the territory sought to be
taken into the city by the two acts Of the
last legislature relating to that subject,
and that If either Of the said acts which
purpost to extend the corporate limits
Is valid, that then he, Freeman, was
guilty as charged.
"The issue of whether or not said ex-
tension is valid was thus clearly made
IN. and Mr. Boyd as attorney for the
city stated that the admission Of the de-
rendant was the city's case, but he would
not ask for a conviction but again re-
newed his pleading for a continuance.
Judge Greene thereupon severely repri-
handed Mr.. Boyd, stating that 1t appeared
to the court that Mr.. BOYD was trifiing
with the court; that no reason was shown
for a continuance, and that the admission
Of the defendant left the sole question
Involved one of law, and that the trial
must proceed, and that II the city at
torney desired the court would hold the
case under advisement until he could file
brief.
Asked to Withdraw Gaze.
Discriminating the defendant adj
mitted his case he refused to ask for q
but did ask the court for leave
to withdraw from the case. The court
granted him that leave, and he did with
draw, and then there being no represent
tative Of the city to ask for a convic-
ton. the court dismissed the case for the
city's failure to prosecute 1t. without ever
passing upon the validity, Of the said ex-
tension acts.
..The city OF Ensley thus. by dilatory
methods, has prevented decision Of the
question, seemingly preferring to exercise
a questionable authority over all who win
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