The Birmingham age-herald., 1910-12-03
DECISION MADE IN
 JONESBORO DISPUTE
Judge Lane Rules on Rights
 of Citizen
BOARD OF TRADE MEETS
Committee Appointed to Select Indus trial Agent for City-The Athletic Club Committees Appointed.
 Personal and Social

Ressemer. December 2.-(Special.) )-An- other chapter was added to the Jonesboro annexation dispute today by the decision rendered by Judge A. o. Lane of the CIT cult court, but the final result is still un- solved, as the merits of the case have not vet been reached. The case is that | of I. z. Houston, a citizen of Jonesboro, aga,nst Mayor J. N. Smithson ct al, seeking to compel the authorities oi Jonesboro to turn over the eity's ahairs | to the city of Bessemer.
 | The principal points in the decision rendered by Judge Lane were, first, that
 citizen voter and taxpayer, had the
 right to enter suit against the munich
 nal authorities to compel them to perform
 rublic duty, sustaining the right of J. z. Houston to enter suit; second, that George Bumgardner, the custodian of the Jodesboro records, had no legal right to
 refuse the citizens of Jonesboro to in- spect such records; third, that the peti- tioner failed to show that the city of
 Bessemer expressed willingness for the annexation of Jonesboro, the records not
  The demurrers were sustained and the petitioner allowed 30 days to amend his petition
 Judge Lane rendered the following
 opinion in the case:
 | Z Houston vs. J. N. Smthson, ct al.- In the circuit court of Jefferson. This cause came on to be heard on
 a former day of this term, and it was submitted upon the petition and de- murrers thereto, the case being then argued orally and upon briefs subse- quently filed.
 Many grounds of demurrer are as- | signed but those most strongly insisted mon are the one denying the right of | complainant to file the petition, he having no other interest than that Of a citizen, voter and taxpayer of Joncsboro; and | the one claiming irregularities in the | election held by the municipal authori- | ties of Jonesboro for the annexation of | that town to the city of Bessemer. | Tine right of citizen voter and tax naver to resort to mandamus to con- nel municipal authorities to perform d | ministerial public duty has been passed on by the supreme courts of many states and the decisions are in hopeless conflict The weight of authority seems | to uphold the right Of citizen, voter and tdXpayeT lO SiiloiSc o luDiiS ! i3 II | bv invoking the writ of mandamus to l comuel the performance of public duty | and this right seems to have been recog- nized by our own supreme court in re | Uuey ct al. vs Waldrop, ct al., Al Ala | 1u in which the board were compelled | by mandamus to pass a COW law for the | city of Bessemer upon the petition oi Waldrop ct al., filed as individuals with ont joining the State. But, be this as il may. if it were otherwise. under our lib | era; system of amendments the state could be joined as party by amendment l if necessary.
 The petition ayers the enactment oi
 an ordinance authorizing tte election
 and it will be presumed to have been legally enacted. (Fuqua vs. Gamble, l4' | Ala a6s) If 1t was not valid ordinance l that would have to be shown under ap-
 proprate pleadings and proof.
 l Tn the absence of averment and prooi
 to the contrary, the court will presume 1 that the officers of the election foi Jonesboro did their duty in the way oi
 giving notice, etc.
 1 But l am of the opinion that the de
 mu-rers will have to be sustained, fol | that the petition fails to show that tn, | city of Bessemer expressed a willing ness for the annexation of Jonesboro by ordinance passed before the calling O l the election by Jonesboro, as provided
 by section 1l26 of the code of Alabama