The Birmingham age-herald., 1906-05-28
IMPORTANT CASES COME UP THIS WEEK Interesting Matters in the State
 Supreme Court QUO WARRANT0 OF GRAY Arguments Will be Heard Thursday. Discussion on Bills of Lading
 Case Is Attracting Wide
 Attention.
QUO WARRANT0 OF GRAY

Montgomery. May H.-(Special. 1.-The waek promises somewhat of interest in the sessions of the supreme court ana other details of departmental work lh the state house. though the governor VIII be away much of the time at the eNer- o,ses of the university commencement Tho quo warranto ruling of Judge A. D. savre of the city court of Montgomery, whereby the Louisville and Nashville railroad Is deprived of right to operate the South and North railroad, Will pc argued on Thursday and is so Tar the most important slated feature of the supreme court programme. The other cases in this court which have to do with the suith of H. B. Gray against the Louisville and Nashville will hardly De heard from for awhile yet. Judge Anuer- son has the record and he will not De sitting before next week. However II seems quite certain that the decision Will he handed down before the end of June.
 Bills of Lading Cases.
 The attention paid by the banking men to the now famous decision In the sult of Haas vs. the Citizens Bank of Dryers hure. Tenn. in the supreme court de- velops some interesting situations. Haas had meal shipped with bill of ladlng at tached. 1t did not come up to contract and. having paid the bill on an invoice held by the above mentioned bank sued the bank and recovered the court holding that in taking over the bill of lading and account the bank became responsible for the carrying out of the contract or the shipper.
 The court followed former decision of the same tribunal in reaching a conclu- sion, this decision turning the trick so to speak, against the Tennessee bank. The former litigation originated in a suit by the Eufaula Grocery company against a Kansas city bank. broker shipped the Eufaula company car of hay which arrived in bad shape. As the money for it had been paid. the company sued the bank taking over the contract and lost in the lower court on the ground that the bank was only a medium of commerce. Appealing to the supreme court the judg ment of the minor tribunal was set aside and the cause remanded, the court hold ing, in an opinion by the late Judge Heard that the bank was responsible for the quality and quantity of the goods.
 Tyson Reverses Self.
 In this Eufaula case John R. Tyson was circuit judge and held in flavor of the bank When the Haas case was filed Tyson, since elevated to the supreme court bench, was given it for review. In the light of the former ruling of the court he held with the plaintiff and against the bank A strange coincidence to say the least of it.
 It is no secret however that the court is not fully in accord on the position taken on this case, just as 1t was divided on the Eufaula Grocery company litigation ten years ago. Among the d1sSenters at that time was Judge T. W. Coleman of Eutaw, then on the bencn. Discussing 1t a few days ago, he asserted that the court was wrong in its view then and is still so in the Haas ruling. Though the judge did make protest at the time the Eufaula case was decided, he did not write a dissenting opinion and the record does not show such failure to agree with his colleagues.
 The Haas case went off on a ruling on a demurrer but Is now before the court on it's merits, and there is a chance, meagre though it may be, for d change of front Business men fear that an ad- herence to the doctrine in the former de- cision will result in danger to the com mercial interests of the state.
 Ely Tells a Story.
 Capt George W. Ely, travelling pas senger agent of the Southern Pacific rail- way tells a good story on Judge J. NJ. Carmichael, now state auditor, but re- gently president of the convict board. Carmichael, for many years a circuit judge, was holding court in one of the south Alabama counties. Money was then scarce and silver coins of rare circula- ton A spectator had secured five large ''cart wheels from some where and, evi- dently proud of his possession, kept them in a constant jingle in his pocket. The noise of the metal seemed to grate on the nerves of the judge and at last he spoke to the owner sharply: Come up this way. will you?' The man with the money arose and walked to the desk. How many of those silver dollars have you?" the court inquired. Five re- piled the owner, realizing that something was going to happen. Well, give four of them to the sheriff and you will not be able to make so much fuss with the other one
 The judge admits that there is truth in the story but goes further and says that the sheriff afterwards gave the annoying owner his money back.
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