The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-06
COURT DIVIDES
ON THE QUESTION
Rights of Property Owners Are
Involved
SUPREME COURT DECISIONS
Jebeles and colias Get a Decision
Against w. S. Brown for Use
of WalI-other News
of Montgomery.
SUPREME COURT DECISIONS

MONTGOMERY, June ESPECIALLY 1.-The su-
preme court divided up today In a case
involving the question of rights Of land
owners upon whose properties long dis
lance telephone lines abut as they are
stretched along a public highway. Inc
majority held that such lines did not
give the land owners the right to recover
compensation from the owners of the
lines. Tyson and benson dissenting. There
were two cases. James E. Horton Sr,
and T. NJ. Hobbs. coming from Lime
stone county There was prolonged DIS
cussion of the case In conference it Is
understood, but neither Tyson or benson
could be made to agree with the theory
that the property owners had no rights
to be paid.
Another case of interest is that of the
Southern Railway VS.. the Commissioners
court of Chiffon county, as 1t was ex-
pressed at the original filing. The road
paid an assessment for special bridge
tax under protest. 1t then undertook to
have the claim for return on the ground
of Invalid statute, allowed or passed upon
by the commissioners court.
1t is necessary that such action must
be taken by the revenue court before
suit to recover in such cases cam be
brought. The court having refused to
pass upon the claim mandamus proceed
ings were brought to compel 1t to do So
Holding with the filers of the mandamus
proceedings the probate Judge held that
such claim must be passed upon at once.
The supreme court holds to the con-
trarv. agreeing that while the road may
have a valid claim ii Is not properly
presented in this instance, and tue probate
judge erred in granting the order prayed
for
The court did not pass upon the legal
ity of the claim nor the constitutonality
of the law. questioned by the railroad
company, resting content with holding
that the mandamus order should not
have beee granted.
pretty point comes up In the suit
of Jebeles & Colias VS.. w. S. Brown, suit
for pay for the use of wall joining
the stores of the two the ruling being
that Brown must pay for such wall in
accordance with an old contract.
The city of Mobile loses a suit to force
Elise M. Fowler to allow opening a GER
tain street partly closed; it is held that
Georgiana is not entitled to dspensary
under the Moody law, and that Ida Nc
Creary cannot collect on claim she has
for lumber cut by the Jackson Lumber
Co.. though in this case Justice Dow
dell dissents, holding that she has rights
Marion r. Ray, sentenced for term of
three years for killing Clarence Blalaek
in Mobile county. has another chance
the lower court being reversed.
The Decisions.
Opinions In the following cases were
handed down by the supreme court to-
day:
Weakley Chief Justice:
Adrne Sieard VS.. Catherine Guyllou, ct
al, appeal from Jefferson chancery court
reversed, rendered and remanded
Tyson. Justice:
Commissioners Court of Chiffon county
VS.. The State of Alabama ex rel, South
ern Railway company, appeal from Chill
ton circuit court; reversed and rendered
T. L. Rose as Mayor, etc, VS.. II. D.
Lampley VS. Judge of Probate. appeal from
Butler circuit court; affirmed.
Simpson. Justice
Jebeles & Colias Confectionery Co.. VS..
W. s. Brown, appeal from Birmingham
city court; reversed and remanded
James E. Horton. ST. VS.. Long Dis
tance Telephone and Telegraph company
appeal from Limestone chancery court :;
affirmed. Justices Tyson and benson dis
sentlng.
r. NJ. Hobbs VS.. Long Distance Tele-
phone and Telegraph company, appeal
from Limestone chancery court: affirmed
Justices Tyson and benson dissenting.
Anderson, Justice:
Marion r. Ray VS.. The State of Ala
bama appeal from Mobile city court re-
versed and remanded-
AL. appeal from Mobile chancery court
affirmed.
Ida McCrary, ct al VS. Jackson Lumber
company. appeal from Covlngton circuit
court; reversed and remanded. Justice
Dowdell dissenting
Shortage of Hardaway.
The shortage found I'm the books of
City Clerk c. p. Hardaway is not re-
garded by the people of the city as evil
dence of any harm on the part of Mr.
Hardaway He is a crippled man and has
been forced to leave the management of
his office in large measure to subordi-
mates and others, and the discrepancies are
the result of careless bookkeeping, IT is
thought The amount found TO be due
tie, city was reported by the examiner as
81, 226.3s, which Mr.. Hardaway at once
paid over.
In making the report of the council
committee Alderman Lobman called at
tention to the fact that as soon as the
books were checked and the amount
known Mr.. Hardaway at once paid it to
the city treasurer. The books were over
hauled by C. P Cole, an expert who
has been working on them for some time.
He made an examination Of the figures
for some years back and the errors were
found to run greatly into the past
Mr.. Hardaway has many friends who
are glad that he has so promptly made
good every failure to properly credit tho
city with what is due. He was himself.
anxious to have the accounts Strengthened
out so that his office could be put upon II
modern system of bookkeeping, which will
now be done.
Seals Is Major.
Official returns indicate the election OF
Capt Carl Seals of Birmingham as major
Of the Second regiment. Alabama Ma
tional Guard, over Capt. D. c. Williamson
of Robinson Springs. The vacancy was
caused by the resignation of Maj. John
D. Elliott of Birmingham. The returns
are usually not made public until passed
upon by the governor, which has not
been the case with the election in ques-
ton.
The appeal of Walter Nordan of Able
Vile. sentenced to life Imprisonment for
the killing of his wife, Nora Nordan, has
come up to the supreme court. 1t is one OF
the most sensational cases In the criminal
history of the state. This is the second
time he has been sentenced for life.
Because of the press of business at the
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