The Birmingham age-herald., 1906-06-14
Against SIoSS-ShehieId Steel
 and Iron Company
ORDERS HAVE BEEN ISSUED
First Regiment, Alabama National Guard. Will Go Into Camp at Chickamauea Park, July
 28 to August 5.

Montgomery, June 13.-(SpeciaD The controversy of the county of Mobile with the Sloss- Sheffield Steel and Iron com pany will be submitted to the supreme court tomorrow, being brought here after e ruling contrary to the county's desires by the criminal court of Jefferson coun- ty. The history of the litigation reVerts back to the report of County Health Ofh- cer Ward of Mobile, who made report criticising the treatment of the convtcts of the county by the Sloss-Shefheld com pany, lessees
 h. an effort to break the contract with the Sheffield company, habeas cor pus proceedings were brought in the crim- tnal colrt of Jefferson county in the name of one of the convlcts, Charles Os- sic, claiming that he was held by the company in defiance of right and law. The lower court ruled that such was not the case, and Nthe company had right to the prisoneh on a contract with the county.
 It was also ayerred by the county that the bond of the cohupany under the con tract is not good and had never been approved by the probate judge, In refu- tation, it was shown that the bond is made by one of the Awealthiest bond companies In the country, and that con victs had been sent In compliance with the contract for some time.
 The case will be submitted to the su- preme court by Charles Bromberg, attor- ney for the county of Mobile.
 The cases of Will Fuller, convicted Of murder and given life sentence in Bibb county, and Howard Brown, five yeats for killing Robert Hamilton in Madison coln- ty will be presented to the supreme court tomorrow. Fuller was indicted with Henry Duncan for the killing of Allen Fuller.
 First Regiment.
 The order for the First regiment, Ala bama National Guard, to camp with the regulars at Chicamauga park has been Issued, the dates being from July 28 to August 5. It was hoped by Colonel Du- Mont and the other officers that later date could be fixed as so many of the young men are bookkeepers, and have trouble getting away on the last days of the month. However. the governor was told that the dates would have to re- main as they were, as other dates had been fixed, and those for Alabama could not be changed
 The official order follows:
 State of Alabama.
 Office of Adjutant General.
 Montgomery, June 13. 1906. General Orders No. 13-
 l. The First regiment infantry. Colonel R. B. DuMont commanding. A. N. G., Is hereby ordered into the active service of the state for the purpose Of perfecting 1t in military discipline and drill. and will go into camp at Chicamauga Park, Ga, on Saturday, July 2S, to August D. 1906, both inclusive
 q The attendance of company command CTS is particularly called to general or ders No. 12, a copy of which will be fur nished by the regimental commander, and will be rlgidly enforced. The state will not be responsible for any bills whatso- ever, over and above the same allowed by law.
 3. The quartermaster general will fur nsh transportation to company command CTS He will also furnish schedules of their departure from home stations, to- gether with routes of travel By com rnand of the governor,
 VIM. w. BRANDON,
 Adiutant General.
 Rifle Practice.
 Capt. w. F. Mickle. Jr., inspector of rifle practice of the First regiment who has been authorized by the governor to raise a team for Alabama for the rifle shoot at Sea Girt. N. J., has issued an order, No. 9, in regard to selection of a team urging rifle practice before and at camp in order that records may be made to warrant him In selecting team pro rata from various organizations
 Head Notes of Decisions.
 Ed Smith vs Pioneer Mining and Manu- facturing company. appeal from Jefferson circuit court.
 1. To create liability under sub-dl- vision 9. section 1749, of the code of 1896 (employers liability acD, 1t Is not suff- cient merely to show an Injury caused by the negligence of a superintendent; it must also appear the negligence occurred while the offending employe was in the exercise of the superlntendence with which he had been entrusted by the em- ployer.
 9. When q foreman of laborers working in a furnace takes the place of one of them. who has desisted from work and In performing a mere act of manual labor, not involving direction or superintendence, negligently inIures another laborer the employer is not liable, slnca at the time of the injury the foreman was not in the exercise of superintendence.
 Dnntzler vs. DeBardeehen c. and l. O., 10l Ala. 3O9 followed; K. c. M. & R. R. R. Co, vs Burton, 97 Ala, 240, ex- plained
 Opinion by Weakley. c. J. Tyson. simp- son and Anderson. J. J.. concurring.
 Harvey Hughes vs. the state of Ala ban a,appeal from the Houston circuit court.
 l. An indictment charging the defend- ant with presenting a fire arm at an- other. without further description of the weapon, Is good.
 Elmore vs state 14o Ala, 1s4 followed. Opinion by Weakley. c. J. Tyson Smp- son and Anderson, J. J. concurring.