The Birmingham age-herald., 1911-06-16
JUDGES REQUIRED
 TOFURN|SH LISTS Candidate Sartain Wins His
 Contention NEGRO PYTHIANS LOSE Supreme Court Holds They Must . MILL. E-cka.
NEGRO PYTHIANS LOSE
Supreme Court Holds They Must Change Name as White Frater- nal Organization Has
 Longer Standing

Montgomery, June 16.-(Special.)-I a case which was reversed, rendered and romanded, the supreme court today held that the probate judges of the various counties must furnish poll lists to can- didates in all instances when an election is contested, when such lists are request ed According to the states highest tribunal the sheriffs are not charged with that particular duty. The question came up to the supreme court in re the case of Charles M. Sar- tain vs. James W. Shepherd. probate judge, and in re the case of Sartain, vs. John M. Gray, sheriff, both appeals be- ing from decisions renderer in the Walk CT county circuit court. The courts de- cision is In part victory for Sartain, who has been contesting the election of Shep- herd as probate judge of Walker county.
 Sartain was candidate for the office of probate judges his opponent being Judge Shepherd, who was seeking reelection. Election managers declared Shepherd the winner, following upon which Sartain re- quested the probate judge and the sheriff to furnish him with poll lists. Both re- fused to do so. Sartain thereupon ap- piled for wrfts of mandamus, but the low CT court sustained demurrers of the re- spordents and dismissed the petition.
 The case against the probate judge was reversed while the case against the sheriff was affirmed, on the ground that the sheriff was not charged with the duty complained of.
 The Alabama organization of the Na- tional Lodge of Negro Knights of Pythias must change their name and insignia, &C., cording to an opinion which was also handed down by the Alabama supreme court. The negro organization, sued by the white lodge, lost in the chancellors court of the Montgomery district, but ap- pealed their case to the supreme cuort.
 The court held that the Caucasian lodge. being longer established, was entitled to all of it's original emblems and banners and notices and that the negro organization must effect a more original association.
 The negro Knights of Pythias have organizations in all parts of North and South America.
 Decisions of the supreme court fol- low:
 Simpson, J.-I. F. Goodson vs. J. F. Dean. as judge, etc, ct al, appeal from Conecuh chancery court; affirmed.
 Mcclellan, J.-Alfred Smith vs. c. D. Smith ct al, appeal from Birmingham city court; affirmed.
 Birmingham Railway, Light and Power company vs. Ora M. Fisher, ap- peal from Jefferson circuit court; af- flrmed.
 Clark Heard vs the state of Ala bama, appeal from Anniston city court; affirmed.
 Rufus Henderson vs. the state of Alabama, appeal from Morgan law and equity court; reversed and remanded.
 Mayfield, J.-Grand lodge, Knights of Pythias, of North and South America, etc. vs. grand lodge, Knights of Pyth- ias. appeal from Montgomery chancery court; affirmed
 Abingdon mills vs. E. R. Grogan, ap- peal from Madison law and equity court; affirmed.
 Tallapoosa County bank vs. w H. Wynn, as administrator, etc., appeal from Tallapoosa chancery court; af- flrmed.
 Somerville. J.-Charles NJ. Sartain vs James W. Shepherd, appeal from Wal ker circuit court; reversed rendered and remanded.
 Charles M. Sartain vs. John M Gray. appeal from Walker circuit court; af- firmed.