The Montgomery advertiser., 1906-05-30
THE SUPREME COURT
EASE OF N. N. CALDWELL or EL-
 MORE AFFIRMED.
He VIII Serve Five Years Tor nA.s The Justices Handed De ..
 ly Four Decistons.

Manning H. Caldwell. convicted of the crime of bigamy in the Circut Court of Fillmore county last Nove her. must serve the sentence of hvo wears imprisonment imposed upon nm at that time. =. @n..
 In a decision rendered by MT. chief Justice weakiey yesterday, on an ap. peal from the nndins r e1 rsrs,sn sre ,1w sss ssntencs of the inferior tribunal re- rnovinr the last chance of the accus- ed to avoid punishment for his crime.
 Caldwell, according to testimony wiven during the Elmore county trial, erarried Minnie wingo in spartanburg county, south Carolina May 14. 1sss. After several years he separated from his wife, and in Elmore county mar Tied Lydia Edwards with whom he lived.
 Information was filed against Caid- well and an indictment was returned charging him with the crime of marry anr his second wife while his first was living. The case was brought to trial in November. and jury pronounced him guilty, on November 8.
 The appeal which was made to- the Supreme Court resulted in the afiirma- tion of the sentence imposed by the Fillmore county tribunal During the time he lived with his first wife. three children were born to Caldwell, two of w.or are living.
 Decision In Oil Case.
 decision, which it Is thought will have an important and far reaching effect in litigation in the future, was that rendered by MT. Justice Dowdel of the Supreme bench yesterday, in the case of W. M. Mefford, against the City Council of Sheffield. It is neId that cities in Alabama have the rient to require the full $200 license rec from all wholesale dealers in oil m the State.
 The case was tried before the recor- der in the city of Sheffleld. and later, upon an appeal, in the Circuit court of Colbert county It was arterWaIo appealed to the Supreme Court by Mef- ford. against whom the suit had been decided.
 The litigation arose over the prose- cution and conviction of MeRord. for wholesale dealing in kerosene without having paid the necessary license Tee. This fee. in Sheffield, Is set at $2oV py the City Council
 The contention of the appellant 10 the Supreme Court was that the city ordinance imposing the tax or $!oo on wholesale dealers in kerosene vio- lated the constitutional provision that all occupations or business enterpris- es, or property of the same class be taxed equally. The same ordinance requires that merchants carrying oth- CT lines of wares. and druggists, may sell kerosene by the payment or a tax of $10.
 Tn his opinion. MT. Justice Dowdell pointed out that the Legislature may Impose direct taxes on lands, only to the exclusion of every variety or spe- cies of personal property and vice versa. He quoted Judge Cooley witn esvi. What is true of property IS true of privileges and occupations al- so. The State may tax all, select TOT taxation certain classes, and leave the other untaxed."
 He stated, therefore. that the city ordinance under consideration applied equally to all persons engaged In selling oil at wholesae. It was hls concusion that the city of Shef1ieid had the power under its charter to re- auire the license and that It is not discriminative, and Is valid. The ac- ton taken in the lower court was ac- cordinsly affirmed.
 Two other decisions were handed flown during the day. One was that of MT Justice Haralson in the case of D. P. Haynes and Brother against ". c. Gray and Company, suit for $1oo claimed on a purchase of thirteen bales of cotton, which had been appealed from
  cision of the lower court had placed the charges and costs on the plaintfm in the case The decision of Mir. Jus tice Haralson, reversed the former verdict and remanded the case
 Tn the suit of the Rock Island Sash and Door Works against The Moore and Handley Hardware Company, for $590.S5, alleged to be due the plaintiff. Mr. Justice Dowdellf decided affirming the action of the City Court in Bfrm- ingham, where 1t was first tried. Tn the lower court 1t had been decided sR4ipst the F0 Isisrd Sash and Toor Works
 Mrs. rrfctett Did E. appear,
 Mrs a4lsoI4 Frick~rt of Talladega Xno waz' t-1 >tod '5 present her suit sa- -7aiHt1rsa,= A-d slqeort against her -1sasa-. rfb.l rrickett, 10 the Supreme Court. did not appear ia court yesterday. The litigation is over piece of property bought at the time of the marriage of the Pricketts, for which, the wife claims, she paid more than half the purchase price. She also claims that. since her separation from her husband. he has refused to aid in her support. While the plaintiff did not present her case in person she was represented by counsel, who submit ted the case on briefs.
 A large number of local lawyers and legal men from other towns attended the sessions of the court. Among