The Birmingham age-herald., 1910-11-18
PROHIBITION LAW
 IS HELD AS VALID Associate Justice Sayre Makes
 Ruling INSURANCE ACT IS VOID Court Deciding Cases of Mobile City Attorney Boone and of Fairford Lumber Company to CoI-
 feet Back Taxes
INSURANCE ACT IS VOID

Montgomery, November 17.-(Spe- ! cfal.)-Validity of the prohibition act of 1907 for the suppression of intem- perance in this state was upheld by Associate Justice A. D. Sayre of the Alabama supreme court in an opinion which was rendered today in the ap- peal case of w. J. Toole of Montgom- cry vs. the state of Alabama. In the circuit court of Montgomery the valid ity of the act was sustained, hence the ruling of the upper body is to sustain the lower courts opinion.
 Chief complaint of Mr. Toole was that the liquors which were found in the raid. when IA casks of beer were found in an outh ouse on the premises of the ex-alderman, comprised vari- ous interstate shipments held by him for divers persons who ordered the goods from foreign corporations doing business outside of the state. Another complaint against the ruling of the lower court was that the prohibition statute was vlolative of section 45 of the constitution. which provides that each law shall contain but one sub ject and that it shall be clearly ex- pressed. All of these points were turned down.
 The raid on the beer in the Toole !, case was made last November.
 Court Reverses Itself
 In the case of the Sheffield Oil mill ct al, vs. Martha S. Pool and Walter Robertson, an appeal from the Law renee Probate court, the supreme court, through MT. Associate Justice Anderson is called upon to reverse Itself in an opinion delivered several months ago when 1t declared constitutional section 32 of the act of 1897. as set out In chapter 63 of the code of 1896. In re- versing and remanding the case above mentioned, the court says that 1t erred in the case. of Rayford vs. Faulk, when it held that section 32 was not viola tive of section 2, article 4 of the con- stitution of 1875. The inquiry In the premise was whether section 32, in question, can be construed so as to be comprehe ended within the subject as set out in the tile.
 Section 32 says: Any person may in- sure lis own or her own life for the sole benefit of his estate, l is wife or her husband, his or her children, or others, as shall be provided in the pol icy of insurance, and the sum or amount of insurance becoming due shall be exempt from all creditors of the assured or beneficiary, and must be paid to the beneficiary named in the policy"
 After a careful consideration of the question the court declares that the section is invalid and not germane to the title of the act, and also that 1t is f unconstitutional. In the case of Ray ford vs. Faulk, 1t Is pointed out by MT Justice Anderson, Chief Justice Dow dell and Associate Justices Simpson and Denson dissented. I.-.s
 Decision Is Rendered
 In another interesting opinion hand ed down by the court through MT. As- sociate Justice Anderson, 1t is held that the Morgan law and equity court erred in vaeatlng the assessment made by a city ordinance for the paving in front of the premises of John L. Brock. The question came to the upper body on an appeal from the Morgan county equity court in the case of the city of De- catur vs. John L Brock"
 The city of Decatur wished to pave the sidewalk in front of Brooks resi- dence with material to which Brock objected on the strength of state statute which says that no assessments shall be levied for sidewalk purposes against property in excess of the value of such property, by reason of the spe- cific benefits derived.
 Cases Submitted
 Two interesting cases were submit
 
 of Thursday. In the first was present. ed the case of City Attorney B. B. Boone of Mobile, who was fined $100 for violation of tho statute which says that no officer of a municipal govern ment shall accept employment by a l public service corporation and in the ] second arguments were made in inter- est of the case styled Washin gton coun- ty against Fairford Lumber company. In the Mobile case it Is charged by the state that the city attorney has been connected with the Mobile and Ohio railroad in a legal capacity. In the Washington county case the coun- ty is appealing from writ of prohi- bition secured by the lumber company after the county had made an assess :. ment of s30,0 against the company to >cover alleged escaped taxes extending over a period of five years.
 Decisions
 The following is a list of the decisions today handed down in the supreme court of Alabama:
 Dowdell. c. J.-Emma Green ct al. vs Fannie Hill, appeal from Mobile probate court; appeal dismissed.
 Southern Railway company vs Toul- min Cleveland ct all. appeal from Mobile law and equity court; reversed and re- manded.
 Anderson. J.-Central of Georgia Rail- way company vs. James H. Blackman. administrator, appeal from Dale circuit court; reversed and remanded.
 Lillie Ray Nelson vs. Early Lee and John Williams, appeal from Morgan law and equity court; reversed and rendered Sheffield Oil mill ct al vs. Martha S. Pool and Walter Roberson, appeal from Lawrence probate court; reserved and re~,anded.
 Cny of Decatur vs. John l.. Brock, ap- peal from Morgan law and equity court; reversed and rendered..
 Sayre, J.-M E. Donaldson vs J. H. Wilkerson, appeal from Coffee county court; affirmed.
 Louis Touart vs Jett Bros. Contracting company, appeal from Mobile law and equity court: affirmed.
 J. R. Minchener ct al vs. J. T. Rob- inson, appeal from Montgomery circuit court; affirmed.
 w. J. Toole vs. the state of Alabama. appeal from Montgomery city court; af- frmed
 Evans, J.-John w. Hubert vs G. w. Sistrunk, appeal from Macon chancery court; reversed, rendered and remanded. Warrior Coal and Coke company ct al. vs. National Bank of Augusta, Ga, ap peal from Jefferson chancery court: af- flrmede
 
 Funeral of John Lafarge
 Now York, November 1.-The funer- al of John Lafarge, the artist, who died recently in Providence, R. l., was held