The Birmingham age-herald., 1909-02-05
JUDGE BURKE MAY
 BE MADAMUSED
Only Way to Get CuIIman
 Cases Back In Court
ATTORNEY CAREER READY
Hanry Davis Must Hang on March 31 at Talladega for Highway Robbery. Fowler Is Circuit Court
 Clerk of Morgan.

Montgomery February 4-(Special At torney General A. M. Garber stated this afternoon that he would move for a mandamus in the Cullman mol pressed liquor cases if 1t was desired by the au- thorities, it having been decided that this is the only way in which the cases mol pressed by Judge R. l. Burke can be restored to the docket. However, he had in mind to wait until he knew what course was best to be taken, though he is ready to exercise any authority he can in such way as the law directs in order that the cases may come to trial in regular way.
 Courts Decision.
 The supreme court holds that the at- torney general of the state is the only officer who can mandamus the judge of the county court of Cullman county and force him to restore to the docket 220 in- dctments of men who sold liquor in that county in violation of the liquor laws. Application for mandamus by the judge of the circuit court was denied, and on appeal the highest court of the land has held that the papers were not drawn and the case is left where it started, i. e., the indictments stand mol pressed by or der of the judge of the county court.
 Judge R. I. Burke of the said county court ordered the cases off the docket, holding the prohibition law of the county invalid. This was done without the con sent of Solicitor Griffin. Application was made for mandamus to force the judge to ha I, advised the saloon men before they took out license that the law would not hold. He was, therefore, said to have been a party to the violations for which the in- dictments were returned. At a special ses- sion of the circuit court, called at the suggestion of Gov. B. B. Conner, those men who were selling under the disputed license issued by Judge Burke were in- dicted.
 Davis Must Die.
 Henry Davis. a Talladega negro, who was convicted in the lower court of that county for highway robbery, must die on March 81, the supreme court having af- firmed the decision of the lower court and set new day of execution.
 James s. Fowler is established in the of- fee of clerk of the circuit court of Nor gan county. He resigned but withdrew it before acted upon, and an effort to hold him to 1t failed. Suit to be re- stored was successful.
 It is held by the supreme court in an opinion by MT. Justice Anderson that under the new code the criminal jursdic- tion of all justices of the peace is uniform, regardless of any local laws. The opin- ion, however, draws distinction between justices exercising criminal Jurisdiction and those who have been shorn of such, and holds that as to the latter the court does not operate to renstate criminal jurisdiction previously taken away.
 For a great many reasons Justice Simpson has reversed the case of John Andrews, sentenced to be hanged for kill ing a man at Bessemer. He also holds that a corporation cannot be charged a higher solicitors fee than an individual, unless it is in cases where the offense is peculiar to corporations. The case was that of the Birmingham Water Works company against the state from Shelby county.
 Railroad Statistics.
 In a report made to Gov. B. B. Conner the Alabama railroad commission reviews the work of the year ending June 30, though there are very few statistics. It is shown that there was 10494 miles of new track, but the total mileage Is not given It is indicated in the report that in spite of the depression there were good earnings by all of the lines in passenger and freight, and that the falling off in passenger receipts for the year was not noticeable, even though times were close and many of the lines reduced the fares to 21a cents.
 The report, which is signed by all the members of the commission, reviews the railroad litigation now pending in the courts, tells of the lines that accepted the new legislative rates and those which did not, and goes into detail with regard to hearings and complaints. Gross earn ings falling off was attributed to general depression, not to anything that has taken place in Alabama. It is also said that Alabama has not suffered more than other states. It is shown that because of federal court injunctions no changes either way have been in rates. There were 50 hearings.
 There were 125 people killed on the Ala bama roads, two passengers. 51 employees and others not classified Of the 1923 in- jured 126 were passengers, 1540 employees and the rest not classified. The total passengers hauled was S,57S1S3. The em- ployes of all lines now number 9962 It is also reported that a good line of boats are now on most of the Alabama rivers and that rates are maintained by law thus cutting out rate slashing, such as has been Instrumental in the past in keeping competitors of the big lines out of the business.
 Tuskegee Road Complaint.
 J. H. Drakeford, president of the Bank