The Birmingham age-herald., 1924-02-08
COLLEGE BEQlJEST
 UPHELD IN HIGH EeOURT DECISION
Trustees of Birmingham
 College Will Handle $3O, ,0O0 Fund
sTArE cAPITAT nuRfAu

: MONTGOMERY Ala, Feb. 7.- i(Special. .)--Application for rehearing pf the case of Cora Sparks ct al. vs. soyerruled Thursday by the supreme court of Alabama. which extended it's opinion on the case. In this cas., which ,w9s appealed from the Jefferson cir tcpit court in equity, objection was raised to a bequest of $50, GOO to Birm- ingham- Southern college on account of its alleged indefinitenass. : By the Sterms of the will the interest on the @ffn was to be used for the education of the sons of the Methodist ministers s0f Alabania at the college.
 . Tt was argued that 1900 persons in; Alabama would thus be eligible to be benefciaries, but the supreme court held, in opinion handed down "a few M3eks ago, that the trustees of the col- 9egH had the implied power to select Rhe most worthy young men from am0ns the many reared in Alabama bafsonAges to participate in the bene- fftS of the bequest, thus affirming the decree of the lower court.
 sThe case of Robert K. Asfiworth, Administrator, ys. the A. G. s. Railroad c6mpany, appealed from athe Jefferson circuit court, was reversed and re- manded, This was a suit for damages hkSfnst the railroad company for the Alleged staying of one Thomas by one of the employees of the company.
 ], More Votes on Primary
 Votes of two committeeman against Ahes primaries resolution" and one baIa0t in it's favor were received Thurs dAx by Hugh White, secretary of the Alabama Democratic Executive com hittee. The resolution in question Called for democratic primary on May 73sfor the nomination of state officers, And authorized the chairman of the fofnmittee to appoint subcommittee DEaive to conduct the presidential fpri- mary of March II. These three votes received were belated ones. Already a majority of votes had been sent in by mail inS favor of the resolution and R. B. Evins, chairman of the com mittee, has been so notified by Secre- tary White. c. l.. Burton and D. L.. Clarkson cast the negative votes re- ceiyed Thursday, while the affirmative vote was that of c. S, Faulk, of Sam s0Hs ;s j44F-s a.@ e"l f
 Road Being Surveyed
 4 surveying party within the next ten days begin the work of laying out the Birmingham Montgomery highway between Reese Ferry on the Alabama river and Marbury, it was announced Thursday at the state highway depart ment. When the Reese Ferry bridge is completed the proposed route. will lead from it. through Autauga county to Marbury. .~ .s
 Towing Company Wins :.
 Decision was rendered Thursday by the state supreme court in favor of the Mobile Towing and Wrecking com pany in it's suit with the Peoples Bank okaMoblle to determine which htigait hff the superior right over certain sRres of stock issuedrto Harry T. H4rtwell by the towboat Company. The c4Se was appealed from the Mobile cir Xcmt court in equity and the decree, of tAe lower court affirmed. The opinion wis written by Associate 1ustices Sum
 Nsrsain Credits, ESssaps M M
 &Solvent credits of a firm not used m carrying on the business, are, held exempt from taxation by the. state in ar opinion rendered Thursday by the Alabama supreme court in the case of " csoIc fo' ouICHllciu DfOInefS. HIS csee was appealed from the circuit c9urt of Tuscaloosa and the judgment oE the lower court affirmed. It had pteviously been decided by. the court tHat solvent credits of a firm, if used ina the conduct of its business become takable as part of the firms capital s@ck. In the Burchfield case, how eHer, it did not appear to the court tlnt the solvent credits of the part nskship, although considerable in amount, were used as part of the con- cdrn's resources