The Montgomery advertiser., 1907-03-03
STANFORD IS JUDGE
SUPREME COURT DECIDES IN WILL
 COX COUNTY CONTEST.
Holds That Either Eirsf Or Last Day Must Be Included In Disputed Term Other Cases
 pnesed On


 Term Other Cases
 Passed on. | -e-
 The Supreme Court yesterday hand ed down an opinion which firmly placed Jonathan N. Stanford in position as trial and rightful judge of the Pros bate Court of Wilcox County, and de- creed that J. F Foster, now holding the office. must vacate it in favor of MT. Stanford. On account of the legal points involved as we'll as .--e promi- l hence of the two men contesting for the oA.ce the case has had wide spread 1 interest
 Judge James T. Beck. of the Probate Court of Wilcox County, died at Il a. m.. May 6, 1906, and Mir. Foster was IanDointed by Governor Jelks to suc- ceed him. The. Constitution of the State provides that vacancies in the Judiciary shall be filled by appoint ment by the Governor. and in case the vacanc occur more than six months prior to the next general election the new incumbent fills out the unexpired term of his predecessor. In the Wilcox County case, the next general election after May 6, 1906. the date of Judge Becks death, was on November 6, 's06, when Mir. Stanford was elected over Mr. Foster The court held that in compu- tation of the lapse of time from one date to another the first or the last date should be included in the iapsed period, and that this method of compu- tation showed that the six months re- quired by the Constitution had lapsed.
 The decision of the court also took cognizance of the will of the people, as expressed in the election at which Mfr. Stanford received a greater number of ballots than MT. Foster.
 The term of Judge Beck lacked two years of expiration. The case came to the Supreme Court from the Circuit Court Of Wilcox County, where Judge $. M. Miller, presiding, held the neces- sary six months had expired. Judge Foster In the meantime, and since the appeal of the case, held the office un- der bond.
 The Supreme Court yesterdas, over ruled the application of Andrew Thomas a white man. convicted Of the murder of his wife in Mobile County, and the death sentence pass- ed upon Thomas by the Mobile Civ Court will be executed March IS. was set for the day of execution.
 Following Is list of opinions hand terday:
 Tyson, c. J.: J. F. Foster vs. the State of Ala oama ex rel Jonathan N. Stanford of al. appeal from Wilcox Circuit Court,
 Jack savell vs. the State of Ala pama, appeal from Geneva County Court, affirmed.
 Haralson. J.:
 J.. L.. Murphy vs. St. Louis Coffin Company, appeal from Anniston City Court, reversed and remanded. Robert M. Green and Son vs.-Line- vile Drug Company, appeal from Clay Circuit Court, reversed and remanded.
 Jim Moss vs. the State of Alabama, appeal from Macon Circuit Court, af- , firmed
 Lee Jones vs the State of Alabama, appeal from Geneva County Court, af- frmed.
 Pearl Strickland vs. the State of . Alabama, appeal from Houston Cir cult Court, armed.
 Dowdell, J.:
 Joe Leonard vs. the State of Ala bama, appeal from Walker County Law and Equity Court reversed and . remanded.
 W. o. Dial vs. c. P. Mckay, appeal from Clay County Court, affirmed Fl Bessie s. Peacock vs. Laura Bethea 3 ct al, appeal from Marengo Chancery Court, reversed and rendeed. Tyson, i C.J and Simpson and Anderson, U .. dissenting.
 Malcolm B. Chandler vs the State I [ Criminal Court on habeas corpus, af- [ frmed.
 Perry Nicholson vs the State of Ala bama. appeal from Gadsden City Court, affirmed.
 ! State of Alabama vs. Cliff. on ha- } beas corpus from order of the judge of the Eighth Judicial Circuit, affirmed.
 Simpson, J.: } Nancy Hollifeld vs the State of Ala hama, appeal from Perry Circuit Court, affirmed.
 John Walker V. the State of Alaba- ma, appeal from Hale county court affirmed.
 James M. Shell V. Lucy A. Roach : appeal from Henry circuit court, re- versed and remanded J. H. Norton V. the Clayton Hard ware Company, appeal from Barbour circuit court. reversed and remanded, J. A. Penton V. Joe Williams, ap- peal from Coosa circuit court, revers- ed and remanded. Anderson, J. Alabama Mineral Land Company V Blocton- Cahaba Coal Company, appeal from Birmingham city court, affirmed Farmers and Merchants Bank of Abbot Texas V. J. B. Sanford, Admr, appeal from Clay chancery court, re- versed and remanded. George Brown " the State of Alaba- . ma, appeal from Geneva circuit court reversed and remanded.
 Cornelius Andrews V. The State of Alabama, appeal from Geneva circuit court. reversed and remanded. Anna Bell Harris, pro ami V. the Nashville, Chattanooga and Str Louis Railroad, appeal from Marshall circuit court, affirmed. Central of Gergia Railway Company V. J. R. Hyatt. appeal from Russell circuit court. affirmed, Dowdell, J., dissenting.