The Birmingham age-herald., 1906-06-08
CRAY CASE COMES
 UP AT NEXT TERM Supreme Court Sticks to the
 Continuance Order MORE TELEPHONE CASES Decisions Are still Against the Land owners-eooks of Insurance Com.
 missioner Examined By
 sedberry,
MORE TELEPHONE CASES

- case of Henry B, Gray vs, tho Louisville and Nashville railroad, wherein the judgc of the city court of Montgomery issued a judgment depriving the said road oi control of the South and North railroad will not be submitted to the supreme was decided today when the latter court overruled a motion to set aside the de- cree of continuance issued last Thurs day
 This Is the litigation in which Gray minority stockhoder of the South and North, brought quo warranto proceedings to oust the Louisville and Nashville from the control of the South and North be- cause of not having been authorized to do so by the laws of Alabama, which gave the charter for the road in dis pute
 In other words it was alleged that the South and North was given life by req son of special act of the legislature and is a domestic corporation. and that the right to take over the privileges so given
  vile and Nashville.
 The lower court held with Gray and on May IT, issued judgment of custer which, when put into effect. deprived the Louisville and Nashville of all rights to the South and North, so far as one corporation may control another corpor- ation. The effect of the ruling today Is to put the case over to the November 1906, term for argument.
 Telephone Cases.
 Two more of the long distance tele- phone cases were decided today. those of Ida H. Pryor and Minnie H. Richard. son against the Long Distance Telephone and Telegraph company. The decision Is that the running of telephone line along the highway does not create an additional servitude on the land out of which the owner of the land would have the right to receive compensation. This has to do with the running of a line along the highway. If it should run q line across mans land he would, of course, be entitled to pay, but runnina along the road there Is no additional burden to be paid for. Tyson and Den. son do not agree with the majority of the court holding that additional servi. tude is created
 The court held today that the quo war ranto proceedings against the Commis. sioners Court of Chiffon county, where. by 1t was to be forced to audit cer. tain disputed claims of the Mobile and Ohio railroad, were incorrect proceedings in that the road had recourse by other means of law thus throwing out the order for the accounting. The road disputed a certain tax, but the supreme court holds that there is other law for rightine the matter. It is just the same as the case of the Southern railway decided Tues. day.
 Early Settler.
 w. M. Bass of Lee county, is the first tax collector to make final settlement with the auditor for the collections of this year. The second was l. j. Fowler of Cullman. who came in today. MT. Bass was here yesterday.
 The Clinton Gin company has been in. corporated at Clinton. with d capital of $5OOO. J. s. Brown and others are incor- porators.
 The following are new lawyers admit. ted to practice before the supreme court J. M. Tucker, Montgomery: W. P. Pruitt Hayneville; R. E. Scott, Ensley; W. R Kimbrell. Linden; P B. Traweek. Tusca. loosa; J. D. Chappelle, Marion: W. II Hill Montgomery; H. A. Feel, Goodwater H. H. Black, University All these arc young graduates of the law department of the State university and are admitted on their diplomas from this institution
 The supreme court adjourned today for the week. The second division will bt called next Monday, and with the end of the week the call will be concluded, anc the end of June will see the adjournment for the term.
 Thomas c. Jones, judge of the United States court for the Northern and Middle districts of Alabama, is at home for q couple of days. feeling very unwell Ht is holding the Birmingham court. which will be resumed after a couple of days
 Books Examined.
 The books of the state insurance com. missioner. k. R. McDavid. and his deputy H. R. Shorter. are found in good shape by Assistant Examiner G. F. Sedberry The total receipts of the department are shown as follows:
 Company licenses, 3,129: mutual ait companies. $400; agents certificates s13, 391 tax gross premiums. $77549.49; total re ceipts S104 469 49m m The report covers the time from January 1, 1906, to May 31, 1906.
 Report is also made by Captain Sed berry upon the books of NJ. l.. Fielder commandant of ,the FallSner Soldier'I Home. at Mountain Creek, in which thu doctor Is criticised for the confusion il which the accounts were found. How ever, the money collected has all beer accounted for in good shape,
 Tho ,aton rstf ont4erc tba fiO1a from Ontnba 3, last. to May 3l The receipts for th' tinie were $S,44fS1. Debts left by thu old commahdant in the sum of s1 1422.6 were paid. and there is a balance In tn bank of s3Ss54 and cash on hand of s49. 50 Cash spent s6.5Sf.17. The home now owe g, s69.64, in which is included note Il bank for S2,750.
 Negro Must Die.
 The governor has refused to commut the sentence of Jim Coleman from deatl to life Imprisonment. Coleman is to hanl at Greensboro tomorrow. He was con victed of murder in 1905 by the circui court of Hale county. and his case af firmed by the supreme court in du time. ir
 P. A. Tutweller of Greensboro was her today to have the matter taken up b, the governor and the pardon board am
  to hear the evidence presented. He di not see, and the pardon board agreed wit him. that there was any reason to inter fere.
 Allen Is Out.
 After discussion that went over iron last night the board of control of tn First District Agricultural school unani mously reelected Douglass Allen pres dent. and Mir. Allen at once resigned. H will be succeeded by w. w.. w. Hall O Miami Fla elected at once.