The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-11-11
FIRST SITTING Of
SUPREME COURT
First Case from Mobile Dis
posed Of
FISH SHIPPERS LOSE OUT
About a Dozen Cases of Rabies Have
Been Healed Since Organization
of New State Department.
GunneIs to Attend.
FISH SHIPPERS LOSE OUT

Montgomery, November 10.-(Spec-
ial.)-The first sitting of the supreme
court for the November, 1908, term was
on Tuesday morning at 10 O'Clock when
the division composed of Chief JUS
tice Tyson and Associates Dowdell, An
derson and Mcclellan took up the cases
from the first, or Mobile division. In
cident to the session the following Mo-
bile lawyers were present: Palmer
Pillians. d. P. Bestor, Jr.; H. t. Smith,
L. H. Faith, F. G.. Bromb erg, W. B.
Inge R. w. Stoutz, G. T. McCorvey,
Robert H. Smith, J. H. Lyons and r.
B. Boone. D. M. Powell and w. c.
Crumpton of Greepville were also pres
ent.
The most important case was that
of the City of Mobile VS. the Factors
and Traders Insurance company. in
which the right of the city to make
two tax levies a year is involved. 1t
was found that while the city had
been leving in the spring the new code
made 1t the duty to levy in October.
An attempt was made to levy both in
held that this could not be done. APP
peal is made by the city, which was
represented by City Attorney Boone,
Palmer Pillians represented the insur-
ance company.
The court handed down the following
decisions: BY Tyson, C. J., Western
Union Telegraph company VS.. Jesse
he
circuit court, affirmed; by Dowdell, j.,
T. c. Barrett VS.. S. J. McCarty, from
Mobile circuit court, affirmed; by An
derson, J.. Lula M. Davis, ct ais, VS.
Taylor, Lowenstein & Co., from Mobile
chancery court, affirmed; by McClel-
land, j.. A. 7. Lee, ct ais, VS.. L. L.
Cochran, from Barbour chancery court,
affirmed.
Fish Men Lose Out.
The Alabama railroad commission
has ruled against the Southern Express
company in the matter of rates on fish
and oysters from Pensacola, Fla, to
the Alabama territory. 1t was shown
that Mobile, with the state rates, can
get into the trade much cheaper than
can Pensacola, hence it is desired that
the rates from Mobile be raised to
parity with those from Pensacola. The
commission does not consent. The
dealers of Pensacola have taken the
case to the interstate commerce COM
mission on the ground that they are
being Disseminated against.
Rabies Gases.
The department of health has,, since it
began the work, handled about one dozen
cases of rabies, one of which has been
discharged as cured. and most of the
others being well on the way to compile
ton of treatment. DR.. E. M. Mason,
bacteriologist in charge, says that he is
we'll pleased with the success that has at
tended upon his efforts and the aid and
approval given by all concerned In the
inauguration and progress of the work.
Can Pay Postage.
Attorney General A. NJ CARRIER has
ruled that the state cotton satistician, w.
II. Seymour, has a right to pay postage
on the reports of ginners and to incur
other expenses necessary in his office,
with the consent and approval of the
Governor as the act creating the office
stipulates. Mr. Seymour had found that
some of the ginners were not willing to
send reports except the postage was paid,
and as it would amount to about $500
a year he sought advice. The act pro-
vides for the expenses of the office, and
the attorney general heids that this is a
legitimate expense, if approved by the
Governor.
GunneIs to Attend.
State Superintendent of Education H. c..
Gunnells Will attend the meeting of the
National Society for the Promotion of
Education in Atlanta November Is to 81
He will have an address on Industrial
Education in Public Schools Mr. Gum
nells has lent his support and aid in
every way to this work.
Feaein is Pleased.
W. F. Feagin, chief clerk in the state
department of education, is very greatly
pleased with the meeting of the Associa-
ton of Colleges and Preparatory Schools
at Chattanooga last week. He represent
ed the Alabama department. The address
of DR.. j. H. Phillips, superintendent of
the city schools of Birmingham, was one
of the most important and interesting of
the session. He showed that the south is
coming rapidly up to the fourteen unit
standard and Is making itself felt in the
school progress of the section. Others
present from Alabama were Miss Julia
Tutweiler of the Livingston normal, ]. j.
Doster, professor of secondary education
at the university; DR.. c. c. Thach of Au-
burn and DR.. c. II. Barnwell of the uni
yersity.