The Montgomery advertiser., 1906-05-09
INTERESTING CASES PASSED UPON
 BY THE SUPREME COURT OF ALABAMA
THREE CIVIL CASES
JUDGMENT AGAINST TELEGRAPH
 COMPANY AFFIRMED.
Mobile Firm Loses Suit Tn Contest Over License Tax-Claim Of Schloss and Kahn Lost.

Cases affecting the failure to deliv- CT telegrams, the validity of claims against a defendent dispensary and the license tax on brokers operating pri- vate wires, sometimes called bucket shops," were decided yesterday by the Supreme Court. In an opinion by MT. Justice An derson the judgment secured against the Western Union Telegraph Compa- ny for $1.000 by J. w. Long, in the Circuit Court of DeKalb County. Is af- firmed and MT. Long will collect the money for the failure of the telegraph company to deliver a telegram. The evidence in this case showed that MT. Longs child died in Birming- ham and that he telegraphed to rela- tives at Colinsville to meet him and his family with the body at that place on the arrival of a train and to make arr engagements for digging a grave and transporting the body to Lathamville some distance in the country. The Long family travelled to Collinsville with the body and reached there late at night while rain was falling. No one met them and no arrangements had I been made for the burial of the child. An investigation disclosed the fact that the telegram had been received at the office of the Western Union in Coilinsville.. but 1t had not been deliv- cred.
 The Supreme Court held that the verdict of the lower court was correct
 and the telegraph company must pay for its delinquency.
 The court, in an opinion by Mir. Justice Tyson, held that the county of
 Mobile had a right to collect tax of
 $500 from ]. H. Ware and others for
 operating a brokerage business with private wires, sometimes called a bucket shop"
 The case was appealed from the Mo- bile Circuit Court. MT. Ware and his associates contended that the attempt to collect a tax of $500 against them was in violation of the inter state com merce law as they maintained offices in New Orleans and New York which were connected by wires. Mir. Justice Tyson wrote very strong opinion affirming the decision of the lower court which held that the tax must be paid. The opinion cites
 the act of 1903 which authorizes tax on brokerage concerns, sometimes called bucket shops" when they are conducted in citys of 10000 popula- ton and over. The plea of the defen-
 dant that the act is in conflict with | the interstate commerce laws is held to be without merit
 The case of the State against Mir | Ware and his associates for the same cause. MT. Justice Anderson simply
 cited the opinion of his colleague. Mir Justice Tyson.
 An interesting case decided yesterday by the Supreme Court was that in which Sch1oss and Kahn of Montgom- cry sought to recover from J. w. Mo- Intyre and others, as a Board of Mayor and Aldermen of the town of Ash ford. Houston County. a claim due for
 whiskey supplied the Ashford dispen- sary.
 
 The act creating the Ashford dispen-
 sary was declared some time ago to
 be invalid and the dispensary was clos-
 ed. Schloss and Kahn then sought to recover money due for whiskey. The Circuit Court of Houston County held that suit did not lie against the
 Mayor and Aldermen of Ashford as in- dividuals as the invalid act created a
 Board of Commissioners for. the dis pensary.
 The opinion was written by Mir. Chief
 Justice Weakley.