The Birmingham age-herald., 1909-04-19

when circumstances required him former ly 10 earn his living. seems to lend color 10 the theory that an arrangement some what on this order has been made.
 City Court Wakes Up. :.
 The city court presided over by Judge Andy Calhoun, against which some crit ieism has been directed by preachers and the anti-saloon league on account of al- legged laxity In the enforcement of the prohibition law, has walked up, and is HOW infiicting the alternative limit in all cases of conviction.
 Convictions were recorded in two cases this week, and in each of them Judge Calhoun imposed the penalty of 5000 fine or l2 months on the chaingang. There Is only one further step the court could take and that is to impose both the fine and the chaingang penalty but the state courts have not yet followed the exam- pie of Recorder Broyles, who always adds a s0-day stockade sentencs to his fines. None of the recorders sentences, however, have yet been served.
 Attorneys for the defendants. Galloway & Whitley, In the cases convicted in the city court have likewise appealed from that courts action. Judge Calhoun de- nies the attorneys charge that the sever ity of the penalty Is an "echo of the street." He says he Is going to break up blind tigers in connection with near-beer saloons If it lies in his power, and he proposes to give the limit in each case.
 Claim for Damages.
 There is an interesting controversy on between Bishop C. K Nelson of the Epis- copal diocese of Atlanta and the clty council relative to a claim for damages which the diocese holds against the city ba haa fo fky- lore until, apparently, the bishops pa- tience has about been exhausted and he threatens to bring suit to establish his claim if something is not done.
 Several years ago when the Washing ton street viaduct was built the southern end of it interfered with approach to eer- tain buildings owned by the diocese in connection with the cathedral known as St Phillips church. at Washington and Hunter streets. There was no interfer- ence with the church Itself but the via duct raised the stret and sidewalks sev- eral feet in front of the reetory attached to the cathedral and made it difficult of access
 Bishop Nelson claimed the property had been permanently damaged and lodged claim against the city The matter has rested with the claims committee, which has done nothing, and finally this wesk Bishop Nelson wrote the committee a pretty emphatic letter in which he spoke of going into the courts unless the com mittee got busy.
 This prompted the committee to come back with the retort that Bishop Nelson, as tho administrator of the affairs of the diocese was engaged in the business of lending money upon which no taxes were paid and that in the event the bishop saw fit to go into the courts and make a fight the city might proceed to demand taxes upon all the property un- der his control which was not used strict ly for church purposes.
 This suggestion brought a hot retort from the bishop about carrying personal affairs into the newspapers. He insists upon his claim to damages as a valid, constitutional claim in payment for the destruction of private property for pub lie uses. He does lend money, he says, investing certain endowment funds where they will bring the best returns for tho support of the widows and orphans and other institutions which are supported by the diocese.
 But the bishop asserts that the mem hers of the committee are incorrect in their assertion that he does not pay property where it is not exempted by law, just as anyone else does, and has been paying such taxes for r years.
 The claims committee took no action on Bishop Nelson's latest communication. and it looks as if he will have to carry out his threat. The city claims the diocese is compensated by the improvement which the viaduct brought to It's property.