The Birmingham age-herald., 1908-04-22
ALABAMA DOCTORS
 ARE IN SESSION Dr, Samuel WeIch Wallace Is
 Presiding A TUBERCULOSIS EXHIBIT
Supreme Court ssustains Decision of Bibb County Court in Game Law Case-High Life
 Fire investigation.

oiiu"ai Sesslon nere today, Dr. Samuel Weleh Wallace of Talladega, president Of the association. presiding. The meet ings are being held at the state capitol Tn the hall of representatives, and when | the gavel sounded today at noon. call. ing the body to order, fully three-fourths oI the seats in the hall were occupied Ihe hrst session was opened with prayer by the Rev. E. E. Cobb. rector Of St. Johns Episcopal church. pr. II. D. Wilkinson, president of the Mont gomery Medical and Surgical society well comed the visiting physicians on behalf or the members of the profession in Montgomery
 City Attorney Mcintyre followed Dr.. Wilkinson and welcomed the visitors on behalf of the city. Mr Mcintyre spoke for Mayor Teague, who is absent from the city
 Referring to the g o'clock closing law, which is in force in this city, MT. Me- lntyre said: q will use what influence have with the mayor to secure dis pensation of the g o'clock closing law for you during your stay.'
 Gov. B. B. Conner was the next on the programme to welcome the assembled doctors on behalf of the state
 Tn the name of the state we are glad that you are here, and glad that you are anywhere in the state-we couldn't get along without you Why we even pay your bills to keep you with us," said the governor. But I disagree with Mir Me lntyre most emphatically. l have sworn to uphold the laws of the state, and in a little room in this building not far | from this hall, it has been decided that ' the o'clock closing law was constitu- tional, and unless you obey the o'clock law or get an injunction from Judge Jones we'll put you in the jug"
 The order of the programme was changed by request and Dr. Routzahn, di- rector of the tuberculosis exhibit made a short address to the doctors. He ex- plained that his exhibit was not a spec tacular one but that it was intended to point out the extent of the dread disease. to appeal to right living and to educate people in the right precautions to avoid the disease. This tuberculosis exhibit is to be opened here Wednesday, at the First Baptist church.
 The annual message of the president of the association was read. It showed the association to be in a very healthy and ffourishing condition and told of the leg
 
 recommendations of the association. Resignation Accepted. The resignation of Alderman J. c. Ty- son from his seat In the City Council of Montgomery was handed into that body last night and was accepted with regret. Alderman Tyson recently ran for 1 mayor in the democratic primary but was defeated by Hon. Gaston Gunter by a large majority.
 Case Is Sustained. The supreme court of Alabama today in the case of John Hyde against the state, sustains the findings of the lower court of Bibb county.
 The decision assumes a prominence to which it would not otherwise be entitled by reason of the fact that it is the first case under the game laws of Alabama re- gently enacted to come before the supreme court. The charge is that John Hyde of Bibb county hunted on the lands of an other without permission. It is first in sisted on demurrer that the affidavit set ting forth the accusation fails to allege that the hunting was of some birds or an- imals protected by the game law, and that therefore no violation of law is charged. It is next insisted that insofar as section A is concerned, the act is lln- constitutional as embracing a subject not within the police power of the state to deal with legislate upon.
 Both of these contentious are set aside by Justice Denson, with Chief Justice Ty- son, Justices Simpson and Anderson con- curing.
 Speaking generally, with respect to the act" the decision reads, 'it may be said that the right of the state in the ex- ercise of the police power, to make reg ulations for the preservation of game and fsh-restricting their taking and moles- tation to certain seasons of the year, and under prescribed rules and regulations
 is recognized and established not only in the common law of England by the de- cisions of the courts of many states, as well as by the supreme court of the Uni ted States"
 Quoting from Justice White supreme court of the United States, he says: ''The ownership of wild animals is in the state not as proprietor but in it's sovereign ca pacity as the representative, and for the benefit of it's people. The learned writer announces the further conclusion that the legislature, in virtue of the police power has the associate right to control and regulate the killing of game even to the extent of prohibiting the shipment of game birds and animals out of the state after they have been reduced to posses sion.' The able opinion of Justice Denson sus- tains without question the constitution ality of the Alabama, game law Investigate Fire.
 J. H. Hampton. white carpenter of this city, was arrested at S45 this morning on charge of suspicion. This is the sec ond arrest that the police department have made on this charge in connection with last nights High Life fire. At 11:45 last night J. R. McNeil, a we'll known bartender of this city, was also arrested 1 on the same charge. Mr McNei for a number of years conducted saloon on Dexter avenue known as the Eleven Lights saloon. and at present is working as bartender in saloon on the corner of Pollard and Decatur streets. No req son was. given at the police department this morning as to the cause of suspicion which is registered opposite their names. Chief Taylor says that he could not give out anything at present The department, 1 however seems to be very busy, and the chief will undoubtedly have some interest ing disclosures to make soon
 The building which was burned last night was the High Life cafe, a popular bar and cafe situated on North Perry street. The alarm which was sent in by passers-by was registered at 950 p. m., and the fire, which had already made good headway, is supposed to have been