The Birmingham age-herald., 1906-07-07

Montgomery, July 6.-(Specal.) )-The su- preme court has come to the rescue of the state administration on the mortgage tax law and declared that the charge of 15 cents per hundred dollars value for recording the mortgages is valid. The opinion was written by MT. Justice Tyson in the case of Baines Morangne.
 The court also held that any probate judge had right to terminate a contract with a convict lessee when in his opinion the prisoners were not humanely treated or the bond was insufficient. This was in the case of Charles Ossie, habeas Corpus proceedings against the Sloss-Sheffield Steel and Iron company, in which it was attempted to annul the contract be- tween Mobile county and the above-men- toned company.
 The ruling of Judge Weaver of the Bir- mingiiam criminal court was reversed, and he will have to hear all the evidence and decide whether or not such conditions prevail as to justify the breaking of the contract now existing for convicts be- tween the county of Mobile and the Sloss- Sheffield company, which is sought by Mo- bile county.
 In the case of Gamble vs. Hubbard, Jus tice Tyson, writing the dissenting opinion, 1t Is held that the act establishing the recorders office at Troy was unconstitu- tional because the act was amendatary of the Troy charter, and to repeal 1t would be to change the charter. The opinion in the case of Little vs. Huey, involving the same question, is withdrawn, and the po- sition taken by Tyson in that case Is adopted by the court
 Military Tax Upheld.
 In the case of Barnes vs. Moragne, in which the mortgage tax is upheld, the question was whether that section of the act imposing a privilege on recording mortgages was a substitute for sub-divi- sion of section 3911 of the code, which imposes adyalorem tax on all money lent solvent credits or other credits of value. It is held that the section is a substi- ute for the section :, therefore notes, Mortgages, recorded or unrecorded, are not subject to an advalorem tax This will relieve the state authorities of question of invalidity long hanging over this law.
 In the cases of Morse vs. Moseley and the Birmingham Railway, Light and Pow CT company the ruling of the court that bills of exception could not be extended d aside. In an opinion written by Chief Jus tice Weakley, and agreed to by all save Justice Denson it was held that bills of exceptions may be signed at any time by the judge the same as if by agree ment in term time. The position of the court of about year ago was reversed.
 Must Clean Streets.
 Another case of importance to Birming ham is that of the Sloss-Sheffield Steel and Iron company vs. C. Atwell John son. The effect of it is that the Sloss- sheffield company must open streets of the city of Birmingham now blocked by the elag piles of the said company.
 In ,the case of the Howell Mining com pany vs. J. M. Gray, the court holds that there must be in every coal mine two dls- tinct openings, and that one opening with petition is not two openings The law is taken from that of Pennsylvania, and the two openings must not be together. . On the other hand they must be as to afford the protection that would be need ed in case of accident or fire.
 Henry Walker, three times convicted of the crime of murdering Mrs. Dickerson in Cordova four years ago, will have a new trial. The lower court was reversed on the organization of the court and the admission of certain evidence.
 Since the appointment of Chief Justice Neakley to the bench the court has hand ca 0OWn ueclSioHS III fot cdSeS ana liU rehearings. The court adjourned the spe-. cial term today. going over to the next regular term, which opens in November next.
 Gray Case Continued.
 The application for rehearing in the case of Henry B. Gray vs. the Louisville and Nashville railroad, was continued to the next term which action Is in line with the wishes of the attorneys for Gray. This is the case in which the Jefferson chancery court was enjoined by the city court of Montgomery from ordering an accounting of the operation of the south and north by the Louisville and Nash vile, which injunction, the supreme court dissolved. Involved also in it was an ap- plication for receiver for the South and ~~~~~~~~~~~~~~~~~-~-~-~--~~-~
 (contlnued on Seventh Paue.)