The Montgomery advertiser., 1906-06-06
JUSTICES DIVIDED
DISAGREED AS TO PROPERTY
 RIGHTS ON HIGHWAYS.
Supreme Court Holds that Owner May Not Recover Damaxes-MariOn Ray of Mobile Gets
 New Trial.

Justices of the Supreme Court divid- ed yesterday on an opinion written by Mir. Justice Simpson in which he held that owners of property abutting on a public highway could not recover dam ages because telephone poles were raised on their property.
 MT. Justice Tyson and MT Justice penson dissented from the opinion of Mir Justice Simpson but the other mem bers of the court sustained the opinion and 1t was made the order of the court in two cases against the Long Distance Telephone and Telegraph Company ap- pealed from the Chancery Court of Limestone County.
 Nine opinions were handed down yes terday by the Supreme Court and Court adjourned until 10 o'clock this morning when cases from the Fourth Division -siil be submitted.
 The following is a complete list of tho opinions handed down by the court yestei day:
 Weakley. c. J.:
 Adrine sicard vs. Catherine Guyllou. ct al, appeal from Jefferson Chapcery Court; reversed. rendered and remand ed.
 Tyson. T.:
 Commissioners Court of Clifton County vs. the State of Ailbama, ex rel Southern Railway Company. appeal from Chiffon Ci1cuit Court; reversed and rendered
 T. L. Rose as Mayor, etc. vs. H.. D. I.ampley as Judge of Probate, appeal from Butler Circuit Court; affirmed.
 Simpson, J.:
 Jebeles & colias Confectionery Com pany vs. w. $. Brown appeal from Birmir gham City Court; reversed and remanded.
 James E. Horton, sr.. vs. Long Dist ance Telephone and Telegraph Com pany, appeal from Limestone Chancery Court; affirmed. Tysoon, J., Denson J., dissenting.
 T. M. Hobbs vs Long Distance Tel ephone and Telegraph Company. appeal from Limestone Chapcerv Court, affirm ed Tyson. J. Denson, J., dissenting.
 Anderson, J.:
 Marion T. Ray vs. the State of Ala bama, appeal from Mobile City Court; reversed and remanded.
 City of Mobile vs. Elise M Fowler, ct all appeal from Mobile Chancery Court, affirmed.
 Ida McCrary, ct al, vs Jackson Lum- Der Company, appeal from Covington Circuit Court; reversed and rennanded (. Oowdell. J., dissenting.
 The case from Chiffon County which was dismissed by the court, in an opinion by MT. Justice Tyson, involved the collection of bridge taxes from the Southern Railway. The railway com pany paid the tax under protest on the ground that the law was unconstitu- tionaI The railway company sought to mandamus the Court of County Com rissioners to pass on the legality of the tax and the Probate Judge ordered the court to do so. The court appealed to the Supreme Court which holds that the Probate Judge erred and dismissed The appeal.
 The merits of the contention made by the railway company are not discussed by the opinion although it is intimatec that the county might legally collect the tax if 1t goes about it in the righ, way.
 The reversal of the case of Marion Ray and its remand to the City Cour of Mobile means that the slayer O. Clarence Blalack will get a new trial Ray and Blalack, who were well knowr men in Mcbile,i had a fight near th' Union Railway Station and BIalack wa! killed Ray was convicted and sent enced to three years in the peniten tiary
 Tn the case against Mrs Elise Fowler appealed by the city of Mobile from th' Mobile Cbancery Court. the lower cour is affirmed in an opinion of Mir. Justice