The Birmingham age-herald., 1912-10-26

 cember 31, 1868, gave the. power to every or any railroad corporation in the state to make application to the court of county commissioners to make a subscription to it's capital stock. The road or it's branch must be on or adjacent to the territory of the county. That was the only condi- ton precedent
 It was entirely at the option of the rail- road to make the application for the county subscription. On the other hand. the application if made became manda- tory on the county court to order an cleo ton to determine the question, .subscrip- ton or mo subscription" If the quail fled voters at the eletcion shoudl refuse the call of the railroad, then the railroad might immediately, or at any time within year, demand a second trial of the question by the voters. but no more.
 When, the railroad appeared to apply to the court for county subscription, the applicant must state the amount desired and that the subscription is held to be in the nature of purchase of the capital stock of the road by the county to a given number of shares at a designated price per share and that the payment is to be made in county bonds.
 On the application of the railroad. the
 county court must order an election within 60 days thereafter and there must be 30 days notice of the election, and the notice must proclaim the amount of sub scription to be voted and the purpose to which 1t should be applied by the appli- cant.
 The act further provided that in addition to the county subscription, If any. on application of the railroad to the mayor and council of any incorporated city, the city government if authorized by the vote of the inhabitants might subscribe to the capital stock of the applicant, the subscription to be payable in city bonds. The same process as with the city was provided by the act for the purchase by incorporated towns of the capital stock Of railroads that touched ther respective boundaries or were adjacent thereto
 In every case a special tax was levied, not to exceed 1 per cent per annum upon assessable values of me county, city or town, to pay interest on the bonds ard the general expense incurred in making the subscription. The interest on the bonds payable semi-annually, was per cent per annum.
 The Selma and Gulf railroad applied to the court of commissioners of Dallas
 
 posal, that Dallas should subscribe in its 8 per cent county bonds the sum of s2oo,- GOO to the capital stock of the road for the purpose of building railroad bridge over the Alabama river at Selma The election was ordered for August 6, 1870 More than 2000 landless no property ne- groes. with a few whites, voted ''subscrip- tion" More than 700 white land and prop erty holders, with handful of negroes. St,bc The railrOa d had sent out notice before the day of election that in addition to the railroad bridge and as a part or that bridge, a wagon and foot bridge would be built by the road The bribe offered in the wagon and foot bridge to the negro voters was conclusive. There were large settlements of negroes on both sides of the river and a. flat boat with heavy -ares was the only way of crossing at Selma
 After the vote was officially declared, the railroad applied to the county court of commissioners for the payment or the subscription by Dallas in county semi annual per cent bonds, running 70 years The court refused. on the ground that the recently installed military state con- stituton forbade the state to engage m internal improvement and the act of De- cember B. 1868, purporting to invest county with power not possessed by the state itself was unconstitutional For this and other reasons the election or August gave the county court no au- thority, but was void and of no effect. The court would not issue the bonds ner acknowledge the subscription
 The railroad employed counsel in Alex ander White and Gen. John T. Morgan and appealed to the state supreme court for the writ of mandamus to compel the Dallas county court to make the subscrip- tion voted to it's stock and to pay the county bonds to the limit of s250 900 on that subscription. The defendant county court was represented by J. c. Compton and by Pettus & Dawson.
 The military court above divided. As sociate Justice Peters rendered the decree of alternative mandamus. Chief Justice Peck concurred with the result Associate Justice Saffold dissented. The point O, lunconstitutionalty raised by the appellee county court aganist the act of -Decem- Der 31, 1868, was founded, in part, upon the last section. when the act was made to apply not to railroads as benehciaries only. but Ito aid navigation companies in opening and improving the navigation of the rivers in this state.'' The appel lee claimed a law must contain one SUD feet only and that land transportation, by a railroad. and water transportation bv boats comprised two. subjects Of leg islation. The appellee further claimed that the title to the act related to coun- ty, city and town subscriptions Ito the capitaI stock of such railroads etc, and to no other description of property. | The railroad came again before the county court with the decree of the court above, and demanded the county sub scription to be made and the county bonds l to issue The county court the second time denied the demand of the railroad. The railroad now cared on the supreme court to issue the writ of peremptory mandamus. The court unanimously re- fused and the county court won its con- tention finally.
 Chief Justice Peck rendered the last named decree. The opinion was founded on the history of the canvass by the railroad for votes in the election of August 6, 1870. The application of the railroad for that election had not enumerated a wagon and foot bridge, 1 as should have been done to make the election legal. The promise to the voters to perform some act to their ad- vantage was a secret promise and a lbribe. 3s.
 Attorney Alex White prepared long and argumentative1 application for a new hearing, on the ground that the