The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-05-13

montgomery, may lS.--kOpSCidisi- AVN
ney General A. NJ. CARRIER has ruled that
corporation making only pure lager
beer cannot be authorized to do business
in the state if this is the only thing al
lowed by its charter, but If its charter
includes those things. or any part of
them, not out of line with Alabama laws
it may be licensed. In any case it has
the right to collect its just debts. The
ruling grew out of a question of allow
ing the Moerlen Brewing company in
the state.
The attorney general has also ruled
that shipments from a storage warehouse
of goods sold in the state is state bust
ness in the eyes of the law, but if the
sales are made outside of the state, or in
the state from outside goods, they are
not; that is, If the sales are made prior
TO shipping the goods.
Assistant Attorney General Thomas w.
Martin, acting for his chief, settles dis
pute of two Birmingham lawyers over
the fee for representing Walter Jones, a
convicted man, by not settling 1t. c. w.
Comstoek and J. NJ Russell of Birming-
ham are claiming the right to collect from
the state an amount for tho services Of
Jones, who was sent to Flat Top mines
but later, on reversal of his case, re-
leased. The state pays for the time.
Mr.. Martin says that the money must
be paid TO Jones and no other.
Following are the opinions in full:
Place of Business.
ION February g. 1909, you forwarded
to me letter addressed to you from Mr..
Jesse Arthur, an attorney at law, in the
matter of the Toasted Corn Flake COM
pany.
ut appears that this corporation is or
f1a In Of cto Ia ofh
than Alabama, and Mr.. Arthur desires TO
know whether the facts mentioned in his
i letter constitute the doing of business
within this state within the meaning of
our constitution and laws.
1.-The facts, briefly stated are that the
| company will from time to time, have in
this state advertising material and toast
ed corn flakes stored in warehouses for
! the convenience of delivering to Alabama
! jobbers. 1t Is not stated by Mr.. Arthur
whether the goods mentioned are sold be-
! fore shipment to the warehouses In Ala
! bama for distribution, or whether after
the receipt of such orders the same are
! filed by and from the stock of goods so
| stored In the warehouses In this state.
! II the former Is true, the company is not
doing business within this state within
! the meaning of our constitution and
! laws; but II the latter is true, viz, that
upon receipt of orders by the company
the same are filled from the stock of
goods so stored in Alabama warehouses,
the company Is doing business within
this state within the meaning of our
constitution and laws See Gerald OIL
company VS.. Grain 200 U. S., 21O, which
| case is decisive on this point.
"I am returning herewith the letter ad-
dressed to you by Mr.. Arthur"
Corporation Status.
"on January 20, 1909, you forwarded
to me a letter from the Christian Moer-
lein Brewing company, a corporation
! organized under the laws of Ohio. and
| requested me to advise you upon the
questions raised in the letter of that
company to you. which bears the date
of January %, 1909.
st beg to say in reply to your letter
that If the articles of incorporation of
this company merely permit the cor
poration to engage in the manufacture
and sale of pure lager beer you would
not be authorized to issue the permit
to do business in this state, in accord
ance with the provisions Of section
! 1861 ct seq of the code of 1907.
| "If this corporation merely desires
| to institute suits in the courts of this
| state. and to enforce its obligations
| now outstanding and to protect its
! properties in the state, 1t may do SO
! with out obtaining the aforesaid permit;
for the acts mentioned do not consti-
| tute the doing of business In this State
within the meaning of our constitution
and laws.
1T may be that this corporation has
] other powers in its charter than the
power mentioned first above; and, in
that event, you will be authorized to
issue the permit SO long as the charter
discloses the right to the company to
engage in a business which is not pro-
hibited by the laws of this state"
Lawyers Contest.
at herewith hand you the correspond
ence and papers in my hands relative
to the claim of one Walter Jones, a
| convict sentenced to Flat Top for SER
| vices rendered by him before the re-
| versal of his case before the supreme
court. l am also enclosing copy of
letter of even date to Mr. c. d. Com
| stock of Birmin CHAM, Ala.
"I beg to advise you g. Craig Smith,
presfdent convict board, after consid-
ering the matter in my opinion, you
should pay this money only to Jones,
in person THE conflict that has come
about between Mr.. J. Nd. Russell also of
Birmin CHAM, and Mr.. Comstock with
regard to this compensation makes 1T
impracticable to determine which of
the two lawyers mentioned holds the
better claim to the money, and to
avoid the determination of the ques-
ton, I advise you to pay the money to
Jones in person"