The Birmingham age-herald., 1921-05-13
TWO FAR REACHING
 DECISIONS MADE
 BY SUPREME COURT
Counties May Issue Interest Barring Warrants Up to 40 Per Cent of Revenue Ex-
 elusive Of School Funds
By FRED H. GoRMLEY Montgomery Bureau, The Age Herald 221-2 First National Bank Building

221-2 First National Bank Building
 Montgomery. May 2.-tSpecial)-- Counties may issue interest bearing warrants up to 40 per cent of the to- tai revenue, exclusive of school funds, anticipated for the current tax year and regardless of any warrants protected by special funds, under decision of the supreme court today in the case of l.. l.. Hendrix vs. M. M. Fountain. probate judge of Wilcox county, ana members of the board of revenue of Wilcox county.
 Hendrix, in a friendly suit, sought to prevent the county from mourning ob- legations in interest bearing warrants, which would exceed 40 per cent of the connection with interest bearing war rants against special funds, which had already been issued The court held that the legislature by an act of the special session of 1920 intended to give the counties the right to issue war rants up to 40 per cent, regardless of the warrants against special funds. which had already been issued How ever, it did hold that school funds could not be considered in arriving al the total permitted to be issued un- der the law
 MAY SELL WATERWORkS In another case the court held that the Fairbanks, Morse company may sel. the waterworks of the town of Cam den, Wilcox county, in satisfaction of an unpaid balance of $2,150.51. which the town refused to pay on the conten- ton that the debt exceeded the amount which the town was permitted to owe, and was therefore invalid The supreme court held that the company retained title to the waterworks until it had been paid for, and was proceeding properly in proposing to sell the plant in satisfaction of the debt.
 The case of J. w. Blackburn and others against Mrs. Monnie Blackburn Moore, involving the custody of Mrs Moore's young daughter, which fur nished many sensations and angles for the courts of Jefferson and Fayette counties, must be tried again in the Jeflerson circuit court as a result Of a decision of the supreme court today The court vacated the order of the oeiierson circuit court awarding the child to it's mother because chancery proceedings were not complied with
 MUST RETURN CHILD The result of the decision is that Mrs Moore must bring the child back tc Aiab from California and contest further in support of her right to it's custody. The child was with MT Blackburn and wife, it's grandparents on It's fathers side, at their home ir Fayette county for many years. Or the death of it's father Mrs. Moore ehen Mrs. Blackburn, sought to obtain t. Failing in the effort, the child was InG central fiRIIra in q lsi iJro o,,;x several persons being accused of a. | tempting to kidnap it,
 Later the Jefferson circuit coIrt. ir hapeas corpus proceedings, awarded tn, chlld to it's mother, and she carried | 10 lher new home in California. Tn, supreme court held that the proceed '. .i.s oilstltuted as chancery case an reversed the decision of tbe io,yar oonr because no note of testimony was in cluded in the transcript
 MAY RECOVER DAMAGES
 In another case of far-reaching i'm portance the supreme court held tha .ohn Millonas may recover from th, united States Fidelity, and Guarant, company $6,000 for the loss of his m sition with A. Diniaco & Bro. of Bir mingham. Millonas charged that h. lost his position with the Birminghau firm through complaint of an agent o the bonding company; was out of em p-oyment for some time. He was in !ured while working as a sheeter an drought a case against the bondin, company, which carried a policy for hi employers. He alleged that he wa discharged when he made this claio the lnstigator being an agent of in | bonding company
 Jury gave him judgment fo s-oooo but the supreme court held 10 De excessive and directed Millona 10 waive all but $6,000 of the iudg ment. Unless he valves this amount as provided by an act giving the sn preme court this authority, which wa passed in 1915, the case will be re versed and remanded to the Jefferso circuit court for another trial