The Birmingham age-herald., 1906-05-17

Judge Sayre. the instrument may at once become effective by means of writ of pro- hlbition; others take the view of the case that it can not go into effect until so ordered by the supreme court.
 It is understood that the attorneys for MT. Gray anticipate applying to the su- preme court for a ruling by which the judgment of the lower court will become operative at once.
 Judges Opinion.
 The opinion of Judge sayre does not go over ground already covered, but cites ad- ditional authorities to two propositions, first, the operation of 8 railroad in Ala bama is matter of exclusive privilege in the state, to be granted as the state sees proper, and not a matter of common right; and second. the defendant has no authority in law for the exercise of the franchise granted by the legislature to the South and North Alabama railroad.
 On the hearing the main question was whether the court had any discretion ts refuse judgment of custer from a fran chise exercised by defendant without strict legal right. A distinction is drawn between the case of forfeiture for mis- user or non-user of a franchise once law fully vested, and the case of an custer from a franchise which rests on no grant, but has been usurped by the defendant A discretion ill the court is admitted in the former case, but denied in the latter the court holding as to the latter that fran chise cannot rest upon an usurpation, al- though the judge might entertain the in- dividual view that the exercise by the de- fondant would best subserve the interests ef the state.
 Many Cases.
 There are already a number of cases brought by MT. Gray against the Louis- vile and Nashville in connection with the effort to absorb the South and North before the supreme court. At one time he applied for a receiver for the South and North, but was refused by the court rul- ing on the case of today. and from which refusal he appealed. MT. Gray secured an injunction to prevent an accounting sought by certain officials of the South and North Tn the interest of the Louis vile and Nashville, he alleged, and from this ruling the South and North ap- pealed.
 The trouble began when the Louisville and Nashville owners of 90 per cent of the stock of the South and North, under took to buy the latter, allowing 30 a share. MT. Gray. a minority stockholder, refused to agree to the proposition, or to admit that he should sell his holdings at any price if he did not care to do SO. On his application an injunction was se- cured preventing the sale of the one to the other until all questions are passed upon by the court.
 Heflin's Nomination..
 John T. Ieflin, chairman of the dem- ocratic committee of the Fifth Congress sional district. and Secretary w. A. Cloud have certified to the secretary of state, that J. Thomas Hefln, now congressman from the district. was, on April 2l, duly renominated to the position by the dem- ocratic party. MT. Heflin had no opposi- ton and was nominated by the com mttee.
 The following other papers have been filed with the secretary of state:
 incorporation of the Chase Nursery company, Huntsville, capital ss5,OO0 H. B.. R. C., and c. F. Chase are incorpor- ators.
 Incorporation of the Advance Magazine company, Birmingham by J. R. Hornady, John Sparrow and I. c. Beatty The cap ital is 5000.
 Organization papers of the C1airmont Land company at Birmingham. capital s500O Ross Smith and others are inter- ested.
 Vassar l.. Allen has been appointed a notary republic at Birmingham.
 Gray Reapponted.
 The governor today appointed J. NJ. Gray to the post of chief mine inspec- tor, a position which he has held for one term with such marked credit that no opposition was forthcoming. The gover- nor indicated to MT. Gray some weeks ago that he would reappoint him because of the record he has made in the of flee.
 Marriage Surprise.
 The news that Capt. c. E. Dexter of this city. and Mrs. Julia Morris were married last night in Birmingham, was received with surprise. Mrs. Morris, who is a niece of Governor Jelks, left last night for Hot Springs, Ark. via Birmingham in company with her sister, Mrs Gerald Ware. tickets being bought for both through Captain Dexter went along as far as Birmingham. Arriving there they left the train and driving to the Hotel HilIman, where they were quietly mar ried. several friends there attending the ceremony.