The Birmingham age-herald., 1914-02-13

Montgomery. February 12.-(Speeial.)
Associate Justice James J. Mayfield OF
the Alabama supreme court today rem
dered a strong and rather caustic dissent
ing opinion to an affirmative decision in
the case of John c. Mangeldorf, appealed
from the city court of Mobile, which was
handed down by the higher court.
Mangeldorf, wholesale fish and oyster
dealer of Mobile, was convicted of vio-
lating the oyster law of 1911 on an aft.
davit by j. A. Joulliam, charging thai
the defendant had failed and refused to
pay tax of 8 cents per barrel on oysters
The case was appealed to the court OF
appeals and that tribunal affirmed the
lower court. An application was ther
made to the supreme court for a writ oi
certiorari to the court of appeals for 9
review of the records IN the case. The
supreme court refused to grant the peti
ton.
In dissenting from the opinion of the
court, Judge Mayfield declared that he
had been able to find no criminal Law
which would justify Mangeldorf's s convic-
ton. "Mangeldorf was prosecuted and
convicted ON an affidavit that in my judg-
ment charged no offense or crime known
to the criminal laws of Alabama said
Judge Mayfield.
Judge Mayfield declared that no charge
of any crime has ever been preferred
against this defendant, as required by
the constitution and the statutes regulat-
Ing criminal prosecutions The judgment
of conviction is absolutely void on its
face, and this defendant ought to be dis
charged on habeas corpus proceedings,
not to say on any direct appeal like this.
II this prosecution, judgment and con-
viction is allowed to stand, and it is so
ordered, the question is pertinent with
er are we drifting
Judge Mayfied's S opinion was concurred
in by Judge A. ID. Sayre.
The court put out 36 decisions today,
the majority of which were of minor i'm
portance. The court also announced a
number of rulings on applications for
rehearings. The decisions together with
the rulings on applications for rehearings
are as follows:
Anderson, c. j. W. r. DHnlap ct al.
VS.. w. Il. Regan, appeal from st. Clair
chancery court affirmed
Mcclellan. J.-Massachusetts Mutual
llllt luSuIdIlcc COMPANY NS. del diS W.
Crenshaw, appeal from Gadsden city
court reversed and remanded.
II. M Harton VS.. r. d. Johnston ct al.
appeal from Jefferson chancery court; af-
firmed
John w Buford VS.. John T. Graden,
appeal from Marshall circuit court: af-
firmed.
w. II. Lane vs.. Alabama Penny Saw
ings Bank ct al, appeal from Birming-
ham city court; affirmed.
Sloss-Sheffield Steel and Iron company
VS.. j. ID. Payne, appeal from Birmingham
city court; reversed and remanded.
Joe Cole VS.. Sloss-Sheffield Steel and
Iron company. appeal from Bessemer city
court; reversed and remanded.
Eliza A. 'Snodgrass. administratix, etc,
VS.. John a. Snodgrass, administrator,
etc. appeal from Jackson chancery court;
reversed and remanded.
NJ. L. Wade VS.. l.. A. Gilmer, appeal
from Annston city court; reversed and
remanded.
Harbison-W Walker Refractories company
VS. Dixie Davis Scott, appeal from Annis-
ton city court: affirmed.
sayre, J.-E. b. Norton VS., Allaire
W Woodward & CO., appeal from Birming-
ham city court; affirmed.
Ben Harris, Sr., VS.. a. j. spencer
I.umbe company, Inc, appeal from
Choctaw circuit court; affirmed.
The j. r. Watkins Medical company