The Birmingham age-herald., 1921-04-06
SHIRLEY MUST GO
 ID PEN|TENTIARY;; HE LOSES APPEAL
High Court Fails to Subscribe to Bootlegger Doctrine That Only Federal Government
 Can Prosecute
ny FRED H. GORMLEY Montgomery Bureau. The Age-HeraId. 2z1-2 First National Bank Building

SN1-S ElTSb RAtIOuhI bAnk buu0lnS
 Montgomery, April 5.-(Special)-W. c. Shirley, former assistant to the license inspector of Jefferson county, must so to the penitentiary for term of four to five years for embezzlement as result of the action of the court of appeals Tuesday afternoon in striking from the docket Shirley's motion for a rehearng
 Shirley was indicted on a charge of embedding 5000 from the state or from Alton P. Stephens or John Purifoy, as agent for the state. It was alleged that Shirley failed to turn over to the state all moneys which he collected from own CTS of automobiles as license fees
 The case was affirmed but an appl- cation for rehearing was filed. It was dismissed on motion of the state, be- cause a copy Of the application was not filed with the attorney general as re- quired by law. However, the ocurt of appeals said there was no merit in the points argued in sifpoort of rehearlng.
 BOOTLEGGER'S ARGUMENT
 Robert Ewing of Morgan county and Wesley Powell of Madison county, fur nished unusual reason for seeking to avoid punishment for violation of the prohibition laws, but the court of appeals refused to agree with them in decision rendered Tuesday afternoon. Both con- tended they could not be convicted in the state courts because the federal gov ernment, by the enactment of the Vol stead act took over the enforcement of regulations against the sale and posses sion of liquor. and that the state had been deprived of Jurisdiction. The court oS appeals held that the federal govern ment had taken concurrent Jurisdiction with the state, but had not deprived the states of any rights they exercised be- fore the prohibition amendment was adopted or the Volstead act enacted.
 In another interesting case the court of appeals said D. M Pixley, under ar rest at Decatur, must be returned to Arkansas to answer a charge of grand larceny and embezzlement When ar rested Pixley contended that the acting governor of the state had no right to request his return to that state and asked for his release. The court of ap- peals denied the application and refused Pixley applieation for rehearing Tuesday.
 STOCK AND PAR VALUE
 Validity of the act of the legislature of 1919 permitting corporations to dispose of stock without par value under the sys- tenn of financing which has become pop ular in recent years, will be questioned in the case of F. w. Long, probate judge of Walker county, versus the Win ona Coal company of Walker county, which will be submitted to the supreme court Thursday.
 The probate judge contends that the constitution of Alabama prohibits the disposition of stock which has no value and that every section relevant to the subject contemplates a par value for all stock. The Winona Coal com pany proposed to change it's system from a stock with par value to stock without par value, and filed with the probate judge a certificate showing the amendment of the charter and such other acts as it thought necessary. The probate judge refused to accept the certificate for recording and the com pany appealed to the Walker circuit court for a writ of mandamus requiring the probate judge to record the certifi- cate
 temporary writ was granted and Judge Long appealed to the supreme court. It was set for argument Thurs day morning out of the regular call because of the importance of the case.
 The supreme court and court of ap- peals Tuesday took up the second call of divisions for the term which began October l and will continue he ca | with only short recesses until June S0, when the term will end. Cases from the first division, including Mobile and surrounding counties, will receive the attention of the court this week.
 WOULD CANCEL DEED
 Among the cases argued orally be- fore the court Tuesday was that of Haley Hampton vs. J. H. Reichert, in volving the cancellation of a deed to certain property owned by Hampton. Hampton. an old negro, claims he thought he was signing an option to purchase, but that later it developed MT. Reichert had recorded deed to the property. MT. Reichert answered that Hampton was fully aware of the in- ~strument which he signed and that the term of the agreement were that Hamp- toms property would be sold by Reich ert and that when sold he would re- ceive 50 per cent of the amount ob- tained. .
 The supreme court also received the case of the Southern railWay vs. Samuel IZimmern, involving the confiscation of coal consigned to Zimmern. Zimmern sought an injunction preventing the railroad from taking his coal and the railroad filed demurrers which were overruled. Among the demurrers was the claim that the common carrier had a right to take Zimmern's coal when necessary. When the court overruled the demurrers, the railroad appealed to the supreme court.
 Other Mobile cases submitted were. Carter McCammon vs. Marian McEam- non. from equity division of Mobile circuit court, and Mrs. E. H. Worries vs. Mary A. O'Connor, from Mobile cir cult court.