The Birmingham age-herald., 1909-01-26
SHIPPING ACT IS LATEST BLUNOER Such Is the Ruling of Judge
 A. D. Sayre LIKE THE KING MEASURE A Report That Chief Justice Tyson Has Resigned Is Positively De-
 nied-same Report as to
 Governor a Joke.
By HERVEY w. LAIRD.

Montgomery, January 25-(Special 1.-The anti-shipping act, known as the sherrod bill, is bad according to ruling by Judge A D. Sayre of the city court today. An application for mandamus to compel the Louisville and Nashville road to transport near beer and white top from point to point in the state Is granted, though such proceedings will be stopped by appeal to the supreme court. The law fails because of not showing on the records that it was ever considered by senate committee. The same weakness exists in the King Greater Birmingham bill
 This bill sought to prohibit removal of liquors from one place to another in the state. Passed before general prohibition it was to prevent liquor selling points from supplying dry points. It went much further than the general act by prohibit ing handling of any product with any malt or alcohol.
 Judge Sayre did not rule on the al legation that the general act prohibits sale of drinks with even small part of alcohol or malt, but this will be up to the su- preme court in the Marx case from Bir- mingham, which will be handed down in a few days.
 It is held that the law prohibiting the aiding and abetting of sales of liquors does not apply to the transportation by a railroad in the general course of busi- ness.
 Tyson Has Not Resigned.
 Chief Justice John R. Tyson states that it is absolutely untrue that he has re- signed the position of chief justice of the supreme court An afternoon paper printed a story to the effect that rumor had it that Gov. B. B. Conner was going to resign in order to run for the United States Senate, and that Chief Justice Ty- son was going to get out of the public service to enter the practice of law. The report with regard to the governor was treated as a joke, though there were some who thought that there might be something in the rumor as to Judge Ty- son.
 The correspondent of this paper saw the chief justice in his office, busy with a number of opinions, and asked if 1t was true that he had resigned.
 Tt certainly is not" he replied.
 "It is reported that you have sent your resignation to the governor insisted two
 
 .arhe office records of the governor ought to refute that; have not sent any thing to that effect there or anywhere, , was the reply.
 But 1t is reported that if you have not resigned, you will" was the next move.
 Yes and I may Gie," came back the reply.
 After that the head of the court walked out into the hall with the newspaper men , and said that they might make 1t strong 1, that he had not done anything of the kind. He expressed surprise that such a thing could get out and asked to see the report.
 The report has it that Judge Tyson is | to resign to enter the practice of the law. | He has been on the bench for several 1 years and won the position of chief jus ! tice before the people at the last general l primary, defeating former Chief Justice i Samuel D. Weakley, known to be one of ] the best campaigners and most popular 1 men in the state. Judge Tyson Is re- l garded as one of the best judges in the l south.