The Birmingham age-herald., 1911-05-31
SUPREME COURT
 UPHOLDS COMER O'Neafs Jury Commission
 CTS Turned Out COURT IS UNANIMOUS Decision Rendered in Case of Ober- haus of Mobile Who Was Ap-
 pointed by Governor
 Conner
COURT IS UNANIMOUS

Montgomery. May So-(Speeial.) 1.-The su- preme court of Alabama has rendered decision validating the appointment oi ilrv commissioners by Gov. R. B. Conner for the term beginning January l6 last the date on which Conner retired from office, and on which Gov. Emmet Q Neal was inducted into office. The decision Of the supreme court in uphoding the Conner appointments was rendered in the case of August z. Oberhaus vs. the state of Ala hama ex rel. J. E. MeNamara. which was appealed from the city court of Mobile The higher tribunal reversed and remand ed the case for new trial.
 Considerable notoriety was given the Oborhaus case in that there was much difference of opinion regarding the le- gaIity Of the Conner appointments to the office Of jury commissioner for the term beginning on the date on which he retired as governor of the state.
 The opinion of Attorney General Robert C. Brckell was to the effect that such by Governor Conner was in valid. and that Governor O'Neal had the right 70 name men for this office notwith- standing prior appointment by the ex- governor.
 A test was made in the case of Ober- haus, who was appointed by Conner to succeed himself as jury commissioner Of Mobile county for the term beginning on January 16
 Governor O'Neal asked Attorney Gen. fo the validity not only of the Oberhaus ap po1ntment, but of the other appointments made by Conner for terms beginning on January 16. The attorney general held that such appointments were void, and that Governor O'Neal had the right to re- appoint.
 Governor O'Neal then named !. E. of Mobile to the office of jury commissioner in place of oberhaus. On the latter refusing to give up his office quo warranto proceedings were in the city court of Mobile by McNamara for the election of Ober- haus from office. The lower court re- moved Oberhaus, and held that Me Namara was the legal incumbent of the office.
 The case was at once appealed by the elected officer, the result being tFat the higher court has rendered a decision reversing and remanding the case for new trial, the probable ef- feet of which will be the re-installing Of Oberhaus in office.
 The decision in the case was written
 by Judge SummeFviile, and was con cured in by Chief Justice Dowden and Judges Sayre and Anderson. The court lir concluding it's decision had this tC say:
 Nor do we conceive that it matters l at all that the term of the appointing power projects beyond the term of the
 retiring officer by but a day or ever fraction of day. We think, how ever, by way of distinction, that had Governor O'NeaPs term begun de jure with Monday, the 16th, a prospective appointment by Governor Conner would have been invalid, at least unless con- hrmed by him while holding over on the 16th.'
 In a decision handed down by the su- preme court, the Birmingham city court was sustained in the case of the Railway, Light and Power vs. Carl Fox. administrator. The case grew out of a damage suit filed by Fox as administrator of Lillie Russell, who was run over by car of the defendant company on November 21. 1905, receiving injuries which resulted In her death. Suit was brought for s30,000, and a judgment for s1O,000 was rendered by the trial court. The de- fendant appealed the case, with the re- suit that the lower court was sustained.
 Other decisions handed down by the supreme court are as follows
 Dowdell, C. J.-Elizabeth D. Meyers, ct al, vs. Mary J. Martinez, ct al, ap peal from Mobile law and squity court; reversed, rendered and remanded.
 Mayor & Council of Columbiana ys. J. w. Kelley & Co, appeal from Shelby circuit court; reversed and remanded.
 Pinckard & Lay vs. J. A. Freeman, ct Il, appeal from Cherokee circuit court; and remanded.
 Sayre, J.-Victor Realty company vs. Charles Argumanian, ct al appeal from city court; affirmed.