The Birmingham age-herald., 1910-04-08
PULLMAN CASE IS
 REVERSED BY COURT Proceedings Involved Famous
 Liquor Cases HAS NO EFFECT NOW Lancaster Appointed Representative. Dates of College Common cements. Cane Sent to Patten-Intan- glble Assessments
HAS NO EFFECT NOW

| Montgomery. April 7.-(Specal.) Joe claring that the circuit court of Gull man county erred in dsmissing the certi- orari to quash certain proceedings of the probate judge, which involved the fla | nous Cullman county liquor cases, which antedate the passage of the statewide prohibition law, Mr Justice Mayfield, ir a terse opinion Thursday reversed the decision of the circuit court but did not | remand the cases for trial. This last step was taken owing to the present operation of the statewide law, which has been sus-
 tained in court. The effect of his rul- ing is to declare that the lower court
 erred in not issuing the certiorari to
 quash the proceedings, which declared null and void a local option election in
 the county which went in favor of the "drys.'
 The. case is a complicated one, com- ing to the Alabama tribunal styled 'F.
 E.. St. John vs. Al Richter The records
 show that St. John was one of a num-
 Der of citizens of Cullman who signed
 and filed a petition with the probate
 judge asking for an election under the local option statute to determine whether
 the sale of liquors should be prohibited in that county. The election was duly ordered, and resulted in defeat for the
 ''wets."
 Thereupon Richter, a saloon keeper filed a petition with the probate judge praying that the former orders calling the election and the results thereof be u;J f1a bat local option law was null and void, and that 1t had been repealed by the passage of the statewide act. This petition was granted by the probate judge.
 St. John then applied to the judge of the Eighth judicial circuit for com mon law certiorari to quash the proceed ings of the probate judge. The writ was issued. Though served with this writ, however, the probate judge made no re- turn Several unsuccessful attempts were made to compel the judge to obey the order. But before the return was made Richter and the probate judge moved the circuit court to quash the certiorari pro- ceedings, which motion was granted. From this decision appeal was taken.
 In reversing the case the supreme court
 holds that. return should have been made to the writ of certorar, or an ade- auate reason set forth why it had not
 been made. It was further shown tha, St. John. the petitioner, had no such in
 terest in the subject matter as would
 entitle him to the certiorari writ. The following is list of other decisions today handed down in the supreme court: Dowdell, c. J.-Bell Powell vs. the state of Alabama. appeal from Coffee circuit court; appeal dismissed.
 Anderson J.-E. T. Schuler vs. Otto
 E. Fischer appeal from Gadsden city court; affirmed.
 w. H. Gillespie vs E. L. Bickley ct af, appeal from Colbert circuit court; af- | firmed
 Mayfield. J-F E. St. John vs. Al Richter. appeal from Cullman circuit court; reversed but no remanded. Huson Ice and Machine Works vs. Bland & Chambers, appeal from Henry circuit
 court; affirmed.
 Mayor and aldermen of Birmingham vs.
 Carrie F. Gordon, appeal from Birming- ham city court; affirmed
 Sayre, J.-J. W. Self vs l.. C. Conner, appeal from Walker circuit court; appeal dismissed.
 l.. B. Lavergne administrators vs.
 Evans Bros Construction company, ap-
 peal from Birmingham city court re- versed and remanded.
 Southern Railway company vs. s. M Hanby, apepal from Jefferson circuit court; reversed and remanded.
 Lula Johnson, administratrix, etc, vs. Alabama Fuel and Iron company, appeal from St. Clair circuit court; affirmed. O. c. Walls ct al. vs C. D. Smith & Co.,. ct all. appeal from Bessemer city court' affirmed.