The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-07-21
COURT DECISION
AFFECTS CAPITOL
Montgomery Also viii Have
Police Commission
TAX is COMPROMISED
Houston County Is Afraid to Test the
Law Providing for Filing of Mort
nages-Other News of
the Capital City.

the citizens of the Capital City are in
terested In the probability that the law
which gives the city police commits
sion is now good, though at one time 1t
was declared anything else by the city
court and the supreme court The same
| opinion that reins tated to validity to Bes-
semer commission law put the Mont
gomery statute in business again. How
ever. the local bill provides that the COM
mission shall be elected by the city
council instead of appointed by the gov
ernor as is the case with the Jefferson
county town.
As has been told several times, the
Bessemer commission law was declared
unconstitutional because it was believed
to have amended the city charter and the
organic law prohibits any local law from
amending such instrument. When, In the
case of Gamble vs.. Hubbard from Troy,
the supreme court held that such an act
| was not amendatory of a city charter
but law unto itself. At, by express men,
ton, overruled the Bessemer case, the
effect of which was to reinstate the
| law.
Where Montgomery comes in is here.
and held to be Illegal Then it went to
the supreme court. which turned it down
as did the lower court, stating that such
action was taken on the authority of
| the opinion in the Bessemer case. This
| indicates that the facts were Identical
| hence 1t follows that in overruling the
| Bessemer case all cases decided on au-
thority of the decision in that case were
| likewise overruled. SO far the officers
seem to be careful about what they say.
| but the supposition is quite general that
the city council will get busy on the
selection of a police commission pretty
| soon.
Compromised Tax.
The Atlanta and st. Andrews Bay rail-
road has been allowed to file a mort
gage for record in Houston county,
amounting to S2oO0,000, for 1898 80 for
the state and half the amount for the
| county. The fees, according to the law are
$1,000 for the state and $1,000 for the coun-
| ty. The law is weak, however, and 1t has
| been the policy of the compromise board
| to compromise for about as much of the
| mortgage as would be regarded as the
pro rata share of Alabama in the prop
critics covered territorially speaking. The
mortgage Is given to the Central Bank
ing and Trust company of Atlanta.
| Notice of large coal company has
| been sent the secretary of state. 1t IS the
| Globe Coal and Coke company of Gull
man, with a capital of $4,000. The in-
corporators are w. NJ. Cook, A. w Lii
landau and G. H. TenBroek. Unim-
proved properties off the railroad are
to be developed.
Seek Clemency.
C. w Hare, o. s. Lewis and w. P. Cobb,
prominent white men of Tuskegee, were
here today endeavoring to secure commu-
tation of sentence of Isiah Gordon of Ma
con county, sentenced to be hung August
g. The evidence showed that Gordon came
home and found his 1S-months- old stepson
in the bed with his wife and that he be-
came so enraged that he ierked the little
fellow up and dashed his brains out
against the floor. He escaped and was
gone five years. Several leading white men
have become Interested in the case and are
trying to get the governor to save the life
| of the negro.
Joe Hill and Eaton Redley. convicts
from Mobile county. en- route to Flat Top
| mines of the Sloss- Sheffield Steel and Iron
company at Flat Top, escaped from the
N+fN
state department of convict inspectors. to-
| day near Evergreen. They jumped from
| the train while 1t was in motion and got
| away. There were five In the bunch. All
| made the dash for liberty but only the
two got away. A reward of $50 each is Of
| fered for them
| From the meagre reports received the
escape was very sensational and daring,
| and 1t is wonder that the whole party
| did not get away.
interesting Trial.
| The trial of James Eagerton in the Uni
ted States court Is attracting a great deal
| OF attention. The charge is passing or
| attempting to pass bogus IS gold pieces.
| The defendant is we'll known in his coun-
| ty. Coffee, being Justice of the peace. He
| Is represented by William Hodge Sanford
| of Troy and State Senator r. H. AIRING
| ton of Coffee There are more than nifty
| witnesses in the case.
| During the progress of the trial today
| witness was put on that convicted him
| self OF many more crimes than the de-
! PENDANT had ever been charged with Mr..
Sanford made him admit that he had been
| tried before the defendant and fined, that
| he shot COW and paid a fine for 1t, that
| he stole a coat and compromised the case,
| that he was convicted in the police court
F., of Montgomery and paid the fine. and that
| he used profane language before females
| and paid the price of it In the courts.
| After that the district attorney did not
seem to need the witness.
Convlcts In Mines.
| The president of the state convict board,
| DR.. Shirley Bragg. is worried a little bit
| over the prevalence of pneumonia fever
| at Pratt mines, though the worst of 1t
| seems to be over. There have been
| number Of deaths among the county men
! especially The seige is broken now, but
the reason for 1t is not so plain, and the
! head of the board and Dr. Nat G.. Clarke,
| the physician Inspector, are trying to
| get at the bottom of 1t.
DIR. Bragg says. that the older mine