The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1916-03-21
HOBBS CASE IS NOT
TAKEN UP BY COURT
SUPREME TRIBUNAL WILL GIVE
OPINION IN FACTORY IN
SPEcTOR FIGHT.

Jackson, Miss, March 21.-There
was a large attendance of the bar on
hand when Division B, of the Missis-
sippi Supreme Court assembled the
bench to open the weekly sitting of
the tribunal yesterday. The attend
ance included lawyers from every sec
ton of the state, with the contingent
from the first and third districts pre-
dominating. The division, composed
with Associate Justices j. Morgan
Stevens and Clayton d. Potter, had
prepared quite large stack of cases
for handing down, and as usual, the
members of this division were rather
of Division A, who as a rule,
merely hand down their cases, with
out comment, otherwise than to an
nounce the finding or disposition of
them by the court.
The somewhat noted and interest
ing case OF Hobbs VS.. Mcdowell, as re-
ferred to by the laity or attorney gen
oral ex rel A. B. Hobbs VS.. David Nc
Dowell, which had been set for hear
ing this Monday, was not taken up,
having been deferred for a fortnight
This is the case of quo warranto from
the Kinds county Circuit Court, where
in David Mcdowell sought to have the
State Board of Health show its au
thority for abruptly and summary
terminating his services as state fac
tory inspector, within the specified
term of four years. When the case
was argued in the Circuit Court a few
weeks ago, Judge w. H. Potter held
that Mr. Mcdowell had a case in
court; in other words, that it was in
cumbent On the Board of Health to
show cause, if any there was, for his
summary removal before the expira-
ton of his regular term. Incidentally
the lower court held that the only
way of removing such an officer was
through indictment and conviction for
misfeasance in office.
Meanwhile, B. Hobbs, of Laurel,
who was appointed in place of Mr.. Mc-
Dowell, claims the office, and the
State Board of Health, and, as stated,
the Governor, have, been behind him
in the claim.
Members of Division B handed down
a long list of opinions this morning,
among the most interesting being that
of Justice Cook, affirming the decision
Of the Chancery Court of Lauderdale
county refusing to issue mandatory
injunction against the city of Meri-
dian to remove from public park a
life-size figure of I. Marks, one of
the dedicators of the property.
The Supreme Court says that it was
quite a proper thing for the city to
erect a monument to one of the donors
Of the land, and the monument could
not in any way detract from the value
of the park as a pleasure ground. The
case was affirmed and dismissed. F.
V. Brahan, of Meridian, sought to have
the monument removed, claimed that
the erection of the monument was "a
perversion of the park property"
The list of decisions handed down
today is as follows:
BY Cook, j.
Yazoo and Mississippi Valley Rail-
road VS.. Haylor, CASTOR Company, cir
cult of Quitman; affirmed.
Board of Levee Commissioners OF
the Ya2oo- Mississippi Delta VS.. Foote-
Davis Company, circuit of Coahoma;
reversed and remanded.
Southern Express Company VS.. ID.
H. Hall, circuit of Union; affirmed.
Jane Columbus VS.. Yazoo and Mis-
sissippi Valley Railroad, circuit OF
Holmes; affirmed.
]. S. Burns VS.. J. d. Denton, circuit