The Birmingham age-herald., 1909-01-19
THE YOUNG SALOON
 CASE IS DECIDED No Penalty for Keeping Place
 Open After Hours NEW JUSTICES SWORN IN J. J. MayfeId and R. G. Simpson Are Formally lnducted Into Office On State Supreme Court
 Bench.
 
NEW JUSTICES SWORN IN

Montgomery, January 1S.-1 1Speeial) That the law provides penalty for the viola tion of the o'clock closing law on the matter of selling or giving away spurious. vinous or malt liquors, but that it does not offer penalty for the mere fact of keeping open is the opinion of Mr. Justice Dowdell of the Alabama supreme court. The case went to that body on an appeal from the Montgomery city court in the case of John Young vs. the State of Alabama in which the defendant was fined l cent and costs. It was reversed and re- manded by the higher court.
 For keeping open his establishment the restaurant keeper was indicted at the February term of the local court, allega ton being that he had violated the law. Defendant urged at the time that no spirltuous liquors were in any way disposed of, the fact of remaining open being to clean out the establish ment. Interpretation in the lower court was that strict enforcement of the law was to close saloon doors at o'clock promptly.
 Conflicting Game Laws.
 From the Montgomery city court, also, came to the supreme court an other interesting case, which has been reversed and remanded. MT. Justice Anderson has ruled that demurrers taken in the case of Richard Glenn vs. the State of Alabama" were properly taken.
 Glenn was fined for hunting on prop erty of A. M. Baldwin without permis- sion to do so either from him or his agent. His violation of the Wallace act was within 12 months after the acts passage, and involved the effectiveness of this law in point of time as well as in merit. The law contradicted a local law. Demurrers to the hard labor sen tence were taken at the time of trial, and are upheld by the higher court.
 Captain Whiting Retires.
 After a service of over 20 years as court bailiff of the Montgomery city court, Capt Bill Whiting, one of the most famous baseball men in the south, retired Monday from his office. He does so to enter upon his term as treasurer of Montgomery county.
 Justices On Bench.
 Justices J. J. Mayfield and R. T. Simpson were formally inducted into office upon the call of the Fourth diVis- ion of the supreme court of Alabama today. The first named jurist Is one of the states most distinguished attor- neys, having gained more than local fame in the codifying of the present code. under which the state operates. Justice Simpson is on his second term as justice of the supreme court.
 Oath of office in both cases were ad- ministered by Gen. R. F. Ligon, clerk of the court, after which the oaths were sworn and subscribed to and delivered in the office of Secretary of State Frank N. Julian.
 Judge Mayfield succeeds Justice Jonathan Haralson, for 49 years servant of the state, the past IA of which has been on the bench. Justice Haralson has retired from all active work.
 Parker On Bond.
 Pending trial before the city court of Montgomery on a charge of murder Eli Parker, slayer of ex-Policeman T. J. Swearengen, has been placed under A bond of s35OO. Much interest was aroused in the case as result of ob- 1ections, at the first trial, to justices of the peace before whom the trial was had. He was placed on bond by Pro- bate Judge Gaston, before whom were instituted habeas corpus proceedings.
 Attempt To Break Jail.
 For the second time in two months an attempt has been made to break the Montgomery county jail, the attempt in both instances originated from four white men. Tho last attempt was foiled by a boy of 10 years. who discovered unwarranted instruments and heard weird sounds while standing in cor ridor of the bastile.
 Will Test Appointment. The right of Governor Conner to ap- point J. H. Ham judge of the Coffee county court Is to be tested before the -supreme court The contention was made by Attorney General Garber that the term of Judge H. H. Blackman ex- pired and that he should have been elected by the legislature, failure of which left vacancy. The proceedings ora hv nuo-warranto to oust him.