The Birmingham age-herald., 1907-04-21
BESSEMER'S RIGHT
 TO MAKE CONTRACT
clTYs POSITION IS UPHELD BY SUPREME COURT IN FIXING MAXIMUM RATES-OTHER DE- clsIoNs HANDED DOWN.

Montgomery. April 2o.-(SpeciaL)-In an opinion rendered by Justice Denson and handed down by the supreme court a. dark. 1t is held that the city of Bessemer had the right to make contract with the water works company for thirty years and to fix maximum rates for that length of time.
 The court has also reaffirmed in a hear ing of the case on the facts that when the Dreyersburg, Tenn, bank bought the bill of lading and the draft of a shipment to J. c. Haas of this city. 1t became re- sponsible for the delivery of the goods in good order. This is another feature of the bills of lading case, in which 1t Is held that a bank taking over draft and bill lading on a shipment must see to the safe delivery of the goods.
 The following list of decisions was handed down today:
 Tyson, c. J.--Mrs Sallie H. Smith vs. Henry V. Davis, appeal from Mobile cir cult court; reversed and remanded.
 J. w. Farrior vs. W. c. Stagg, appeal from Jefferson chancery court; af- firmed.
 J. c. Cleckler vss Rufus Morrow, ap- peal from Marshall circuit court; reversed and remanded,
 Haralson, J.-Southern Railway com panyvs. state of Alabama for the Wilcox company. appeal from Wilcox circuit court; affirmed.
 Samuel c. Lewis vs Thomas l.. Smith, appeal from Sumter circuit court; af- firmed.
 
 Haas & Co.,, appeal from Montgomery circuit court; affirmed.
 Marbury Lumber company ct al vs. Georgia Ann Wainwright. appeal from Autauga circuit court: affirmed.
 Sellers. Dullard & Co. vs. W. s. Grace ct al, appeal from. Geneva chancery court; reversed and rendered.
 Town of Dothan vs. NJ. D. Hornsby appeal from Houston circuit court af- firmed.
 Nashville, Chattanooga and St. Louis railway vs. Ernest G. Karthaus ct al, appeal from Madison circuit court; af- firmed.
 Simpson. J.--Ala bAma Great Southern Railroad company vs. l. A. Elliott & Son, appeal from Hale circuit court; af- firmed.
 W. w. Williams vs. S. J. vining. ap- peal from Bibb circuit court; reversed and remanded.
 Town of Eutaw vs. I'll Botnick. appeal from Green circuit court reversed and remanded.
 Arbuclsle Bros ct al vs. Columbia Groc- cry company. ct al, appeal from Henry chancery court: reversed and remanded
 J. E. Davis vs. Miller Brent Lumber company appeal from Coffee circuit court; affirmed.
 J. D. Blue ct al, vs. American Soda Fountain company. appeal from Coffee circuit court; affirmed
 Y. r. Butts vs J. T. Cooper appeal from Crenshaw chancery court: affirmed. J. II. Arnold & Co. vs. the Jones Cot ton company, appeal from Morgan circuit court; affirmed.
 Denson. J-Mobile and Ohio Railroad company vs. A. Y. Glover appeal from Mobile circuit court; affirmed.
 B. F. Hardeman vs Sallie Williams, ap- peal from Mobile circuit court; reversed and remanded Town of Cuba vs. Mississippi Cotton oil company appear from Sumter chancery court; affirmed.
 Town of Cuba vs. Eagle Cotton Oil company. appeal from Sumter chancery court; affirmed.
 Town of Cuba vs Meridian Fertilizer factory appeal from Sumter chancery court; affirmed.
 Meyers Lumber company ct al. vs. G. B. Fields, administrator. appeal from Marengo circuit court; reversed and re- manded.
 City of Bessemer vs. Bessemer Water Works company appeal from Jefferson circuit court: affirmed. M
 Charles w. Watson vs. Birmingham Railway Light and Power company, ap- peal from Jefferson circuit court; af- firmed.
 Union Fertilizer company vs. w. E. Johnson ct al. appeal from Cherokee cir cult court affirmed.
 In the case of karthans against the Nashville. Chattanooga and St. Louis, it was held that lands donated for right of way could be used for that purpose alone. The sale of sand from lands so given was designated an illegal action. and one not authorized by the grant of the lands