The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-05-14
Effort to Release Over $780,
600 Now Tied Up In
the Courts
THE UNIVERSITY WINS
IN SUIT FOR LANDS
Juvenile Court Act May Be Bad-Su-
preme Court Is Asked for Final
Decision on Matter-Beck
Is in the Race.

Montgomery, May Especial I'm
an effort to release over 100000 now
tied up in the courts of the state, At
torney General CARRIER is moving the
supreme court of the United States to
advance the franchise cases now pend
ing, in which rail lines in the state
are resisting the payment of the new
foreign corporation tax. For the years
1908 and 1909 the roads have paid to
the probate judges the sum of $116,3s7
and have sued for its return on the
ground that the law is in violation of
the federal constitution
The corporations fighting the pay
ments are the Louisville and Nashville
the Central of Georgia, Southern and
the receivers of the Seaboard Air Line.
These have all been through the SUI
preme court and held liable for the
tax. The Atlantic Coast Line case is
pending in the supreme court, and the
suits of the Louisville Properties COM
pany and the Southern Express COM
pany are waiting by agreement until
decision is rendered in the federal su-
preme court. Attorney General CARRIER
asks that the case be moved up so a
decision can be reached in October or
November, thus obviating the necessity
of collecting the taxes for another year
and holding up the money.
State University Wins.
In an opinion by Mr.. Justice May
| field, the right of j. ri. Cox of Jeffer-
son county is denied to certain lands
claimed by the University, and the
time for statute of Limitation estab-
lished at 20 years for that institution as
we'll as the state. Cox claims that as he
has been in possession of the lands 10
years he has title, but the court
| holds that this is not so, that the full
20 years must have been lived out to
effect title. The opinion is impor-
tant in that it establishes title to much
other land that is claimed by indi-
viduals in the same way.
If man has paid his street tax in
one town he need not pay it in an
other in the same year, says an opin-
ion of the supreme court, in the case
of ]. P. Whit Of Gadsden, who was
fined and sentenced to labor in that
| city. One time is enough, says the
court.
Contract Labor Law.
| Another effort to break up the prac-
tices growing out of the enforcement
of the contract labor act is to be made
by application to the supreme court of
the United States. Success is ex
pected even though the tribunal men
toned refused some months ago to dis
credit the act in question. On that oc-
caston the case went up on a prelimi
nary question, habeas corpus. 1t was
held by the supreme court that 1t could
act only on the merits of the act, not
then in question as a leading PROPOSE
ton. In other words, the highest court
of the land side-stepped because it
| could.
| The act is made obnoxious, because of
| a rule of practice that says that after
a man fails to keep contract or pay back
| money advanced, such failure is prima
| faca evidence of intent to defraud. In
| the hands of good men 1t would not be
bad, 1t is argued, but in the power of
| designing men, poor and ignorant may be
imprisoned without much of show, in
| effect for debt. The supreme court of
the state has already declared the act
| good. but another case is submitted on
| the merits of the act alone, so that a
| decision on whether or not the act is bad
can be had from the highest court of the
| land.
Juvenile Court Act.
Like many of it's follows, the juvenile
| court act of the last legislature is thought
:, to be bad because Of faulty record. Judge