The Birmingham age-herald., 1908-12-16
SUPREME COURT
 TAXES HIGH RANK Contracts Made In Restraint of
 Trade Are Void YOUNG BOY IS PARDONED Impatient Father Hurries to State Prison to Carry His Boy Back
 Home-Accepts Office
 Under Protest.
YOUNG BOY IS PARDONED


 Taking rank with the high and mighty courts of the land. the supreme tribunal of Alabama has held that contracts made in restraint of trade are avoid, as against public policy" to quote Mir. Jus tee Anderson literally. It was shown that by agreement certain territory in Butler county was divided between Flow CTS and Peagler, mill men, and W. T. Smith Lumber company, also sawmill owners.
 Alleging that the Smith company had not kept faith, the other company sought damages. The circuit court of Butler county refused, and the case was ap- pealed. Now the lower court is upheld, it being decreed that such an agreement was in bad faith to the body polite and in restraint of trade.
 | Another interesting case was from Law ! renee county where it is held that the county cannot rightfully set aside money for the erection of buildings for the coun- ty high school established by the state. The county commissioners appropriated 5000 for this purpose, but 1t is held that they exceeded their authority. as 1t is state school. The decision does not get to the question of maintenance.
 The other cases decided by the court were:
 By Tyson, c. J.-J. Murray vs. J. ". Strother, appeal from the chancery court of Tallapoosa; affirmed. By Mcclellan, J.-Pink Carter vs. Will liam Couch. appeal from Marshall circuit court; affirmed.
 Young Boy Pardoned.
 George Coker, who was little more than boy wnan he killed John Roy at a swimming hole near Prattyille. in 1901, has been given his liberty by Gov. B. B. Conner. His father was at the capitol Tuesday, received the pardon and hur- ried to the prison at Speigner to take the boy home. The prisoner has twice been paroled to pay short visits to his home His original term was IS years. Another pardon case of interest is that Of Moses Daniels, an old negro of Mobile. who comes to the capitol at intervals tc try to geI pardon for his son. The old fellow IS past S1, and his appeals for his son are pitiful. He does not know anything about the case, simply believing that if he tells the Governor that he wants his boy released It will be done
 National Guard Board. A meeting of the national military board has been called for January 15 in Wash l ington. General Bibb Graves, of the 1 Alabama guard is a member, the only | one from the south. The others are Ad- jutant General Henry, of New York; Ad | jutant General Boardman. of Wisconsin; Adjutant General Perry of Indiana; Ad- jutant General and Chief of Ordinance Drain, of Washington. The duty of the beard is to distribute the funds to the various state organizations.
 Health Statistics.
 Dr. w. H. Sanders, state health officer, reports that his office is overfiowing with work just now to get out the blank for vital statistics for the state Several thousand dollars are spent In buying stationery alone. As an illustration, s1000 worth of envelopes were bought on Mon- day.
 Alabama Capitol News.
 The Fayette county high school has been located at Fayette. Dr. Thomas M. Owen, director of the state department of archives and his- tory, is back from several days out of the city He says that he has secured a great deal of valuable data. Three men have been convicted of of fense against the game laws in Wash ington county and given fines in several counts, the total being $50. C. H. Tallman, of Scale, has been ap- pointed game warden of Russell county, vice s. R. Boykn, resigned.
 Good Job Goes Begging. man has been elected city clerk of Montgomery over his protest and with the agreement that he Is to be released from the place as soon as man can be found to take his duties over. The man is J. G. Cowan, and he only agreed to election in order that certain bills pend ing might be legally passed. The va cahcy was caused by the recent death of Clerk John J. Farley.
 Schools and Hospitals.
 The city of Montgomery has voted to issue $25o00 of 80-year bonds at per cent to make improvements that are need ed The apportionment will be as fol- | lows: New school buildings, s140000; hos | pital, $50, 0o0l wharf and river front, $10,- l 00O: waterworks extension, $25, 5,00o; sani- l tary, $2500O. The wharf, the waterworks l and the sanitation will all be revenue producers