The Montgomery advertiser., 1909-05-25
HAM HOLDS OFFICE
UPREME COURT sUsTAINs COF-
FEE COUNTY JUDGE
.r,ustfce Wnxn~la wrote Opinion which
Favored Blac<man But sax
Other Members OF Court
DfxNented-

1.-THE Governor had no autnortts VI
power to remove H. H. Biackman'
from the position Of Judge OF Conee
County Court, so as TO create vacan-
cy, and of course could not have made
an appointment until there was va
cancy," This was the gfst OF the OPP
Union of Justice Mayheld. of the Su-
preme Court, whom he declared that the
appointment of ]. H Ham. to the
jujgeship by Governor Conner. and the
removal thereby of ii. II. Biackman.
was not valid
But the six other justices disagreed
with Justice Mayfield and. the rule Of
the majority being invoked, the APP
ppintment of Governor Conner, the re-
movaI of former Judge Biackman, and
the opinion of Attorney General Gar
Der, In advising the governor that
Ham could be appointed. Is sustained.
]. N. Ham, thus, is now Judge of the
coffee County Court though having
been ousted by the Coffee Circuit
Court
The Coffee county judgeship, ac-
cording to the local act, Is filled by
election by the State Senate. at each
regular session. and vacancies at times
intervening are Allied by gubernatorial
appointment
Prior TO the Legislative session of
u907, H. II. Blackman was appointed
TO fill a vacancy occasioned by death
lAt the session OF 1907. no election was
held to name a Judge of the court
Governor Conner was advised by the
attorney general that a vacancy was
thus occasioned by the failure to hold
an election. J. N. Ham was appoint
ed. Blackman Instituted quo warran-
to proceeding before the Coffee Circuit
court, and by decision of the court.
Ham was ousted, though, at the same
time the court declined a decree res
toring Blackman.
Biackman. though he was not re-
iplaced, was apparently satisfied. He
did not appeal. Ham did, and upon the
appeal comes the opinion that va
cancy had occurred, and that the gov
ernor was justified in making the APP
pointment
Justice Mayffeld wrote the opinion
declaring the authority of the COVER
nor misplaced in this instance. But
the other Justices dissented, and the
decree that the appointment was good
prevails.
8 The supreme Court handed down
opinions in the following cases yes
Iterday.
SIMPSON. ].
w. s. Reese. Jr., ct al. VS.. ]. r. Ivey.
ct al, appeal from Montgomery City
Court; affirmed
Jennie Houston VS.. @. A. How're, ap-
peal from Birmingham City Court. af
firmed in part. and in part reversed
and rendered and remanded.
w. r. Johnson VS.. J. NJ Miller, ap
peal from Walker law and equity
court; affirmed.
Fidelity & Deposit Co. Of Maryland
VS.. Art Metal Construction Co., appeal
from Admission City Court. reversed
and remanded.
Pickens Pearson vs. C. D. Alberson.
appeal from st, Clair Probate Court;
affirmed
Merchants Bank VS.. Acme Lumber
q Manufacturing Company, appeal
from Lauderiale Circuit Court; re-
versed and remanded.
Mike HiI ct al VS.. J. W. Cay, appeal
Jackson Circuit Court; affirmed.
ANDERSON. J.
Belle Houston VS.. s. " Davis. appeal
from Barbour Circuit Court; reversed
and remanded.
Henderson Law Company. vs.. W. J.
Court: affirmed.
j. e. Wilkerson VS.. Sellers & Drum
company. appeal from Crenshaw Chan
Gerry Court: affirmed.
Sloss- Shef1eld Steel & Iron Company,
VS.. Willie Morton, appeal from Jeffer-
son Circuit Court; affirmed.
Tom Turner VS.. Louisville and Nash
Birmingham City Court; affirmed.
I Birmingham Railway Light and
Power Company. VS.. Claud L. Huey, ap-
peal from Birmingham City Court; af-
iirmed
Ida Gaines VS.. Birmingham Railway
Light and Power Company, appeal
from Birmingham City Court; reversed
and remanded.
j. Rapport and Brother vs. Birming-
ham Railway Light and pawer Com
pany. appeal from Birmingham City
Court; affirmed.
Tennessee Coal Iron and Railroad
Company VS.. James George, appeal
from Bessemer City Court: reversed
and remanded.
8. L weinstein VS.. Yielding Brothers
land Company, appeal from Bessemer
City Court; reversed and remanded.
Mrs. NJ. A. Lipscomb VS.. City OF Bes-
semer, appeal from Bessemer City
Court: affirmed.
Birmingham Belt Rail Road Company
VS.. F. T. Norris. appeal from Birming-
ham City Court; affirmed.
John de B. Hooper VS.. ]. H. and
w. B. Bankhead. appeal from Walker
Law and Equity Court; affirmed.
Tennessee Coal Iron and Rail Road
Company VS.. VIM. z. McMiliien, appeal
from Birmingham City Court; affirm
ed.
Augustus Ashton. ct al VS.. Gertrude
Dodson. appeal from Marion Chancary
Court appeal; dismissed
w. F. Nalan VS.. Mrs Elisabeth Bro
pry. appeal from Bessemer City Court:
reversed and remanjed.
Rich Bluitt VS.. The State of Alaha-
ma. appeal from Walker Law and Eou-
1ty Court; recersed and remanded.
John L Wright VS.. R. H. SampIe.
appeal from Morgan Law and Equity
Court; affirmed.
MCCLELLAN. j.
Fedora Hoven VS. John Gewfn. ct nj
appeal from Clarke Circuit Court. AZ.
frmed
l. H. Prince Administrator VS.. Frank
Prince appeal from Lee Law and Eoui-
~ Court; reversed AMI remanded.
D. w. Baker, VS.. H f. Allen, appeaI
from Tallapoosa Circuit Court: amin
ed
Emile Alteirac vs. West Pratt Coal
Company appeal from Walker Lay and
Equity Court affirmed
Southern Railway Company, VS.. Ac.
ton c. Hartshorne, appeal from Nor
gan Chancery Court; affirmed
Jim Parrish VS. The state of Alaha-
ma appeal from Morgan Circuit Court;
affirmed
Louisville and Nashville Rail Road
Company. VS. Waiter II. Johnson. nm.
peal from jefferson Circuit Cour+.af-
firmed
]. C. Pike VS. Tallassee Falls Man