The Montgomery advertiser., 1909-06-11
INDICTMENTS NOT NECESSARY <V Supreme Court Makes
 Ruling. COVERS PROHIBITION LAW Had Been Attacked Because lndict- ments Were Dispensed With. Irhe. Supreme Court Yesterday Handed Down Decision. In <2 Gases
 Phiiups' Long sentence
 Affirmed.

Court yesterday speaking through Jus tice Anderson, disposed of the numer- ous constitutional attacks made upon the special session act of the last Leg fslature. which dispensed with indict- ments in the prosecution of of prohibt- lion cases. Vigorous stabs at this law were made by counsel for the petition. CT in the case of. ex parte State or Alabama ex rel Reuben Nash, Jrs de- cided yesterday.
 The judge of a lower court in Selma was about to go into the trial or the petitioner without indictment when ms counsel. conceiving the idea that the act which dispensed with indictments in such cases, was unconstitutional. On all grounds their contentious were overruled by the Supreme Court, and thus his petition for a writ of proni- bition to stop the proceedings below was dismissed.
 But the act of 1907 had a narrow es- cape. Cierically 1t would have fallen nat to the ground for 1t was proven without dispute, that the Senate Jouf- nal did not disclose an amendment to the bill which was adopted by the House of Representatives emitting the word, written" before request for Jurv trials in prohibition cases. which was allowed Tn the act That word was stricken out in the House but re- tafned in the Senate Journal.
 It was held by Justice Anderson that the insertion of written" did not ma tsriaIly affect the act and therefore 1t ought not to be declared invalid. It was pointed out that there was e pro- vision allowing the defendant to apply for a trial by jury. saying that the same must be filled" with the clerk of the court within certain time. As tthe request could not be filed orally it faH .A AA lin one sense the word inserted was only superfuous so far as its influence on the courts minds was concerned
 The fcourt yesterday affirmed a sen- ltence for thirty years fixed upon Bill .Phiiltps, of Randolph county, for the killing of Van Wright last year. The sentence also of J. W. B. Pan. nell. of Biount county. was affirmed for five years. on conviction for ssduc- Aicn.
 l The following decisions were put out ,DOWDELL, c. J.--
 Guilford & Deal vs. Western Union Telegraph Company. appeal from Hous- ton Circuit Court; affirmed. SIMPSON. J.-
 United States Cast Iron Pipe and Foundry Company vs. John Granger, appeal from essemer City Court; re- lversed and remanded.
 First National Bank of Birmingham Tvs. Wf1kesbarre Lace Manufacturing Company. appeal City Court of Birm- dngham; reversed and rendered. ! St. Louis and San Francisco Railroad Company vs. J. B. Hooker. appeal from Walker County Law and Equity Court; affirmed,
 1 United Cast Iron Pipe and Foundry Company vB. Ernest Driver, appeal from Bsssemer City Court; reversed and remanded.
 New ConneIlsvilIe Coal and Coke Company vs. Robert Kilgore, appeal From Bessemer City Court; reversed and remanded.
 Jasper Trust Company vs. Ts P. Pumpkin. appeal from Walker County Law and Equity Court; affirmed. ] Birmingham Railway, Light and Power Company vs. ohm McLain. ap- peal from City Court of Birmingham; affirmed.
 Birmingham water Works Company vs. c. W. Copeland. appeal from City Court of Birmingham; affirmed.
 The Montgomery Moore Manufactur- ing Company vs. c. s. Leeth. appeal from Cullman Circuit Court; reversed and remanded.
 J. L. Howard vs. Western Union Telegraph Company. appeal from Cle- burne Circuit Court; affirmed.
 Charles F. Thomas vs. Carrie B. Thomas. appeal from City Court of An- lniston; appeal dismissed.
 Ed. White vs. City of Anniston, appeal from City Court of Anniston 1: reversed and remanded.
 1 Delmeda Holmes vs. s. Y. Lam perth, appeal from Circuit Court of Clay; affirmed.
 { Aetna Insurance Company vs. T. J. lKennedy. appeal from Jackson Circuit Court: reversed and remanded. ] Dallas Manufacturing Company vs. Charles L. Townes, appeal from Mad