The Birmingham age-herald., 1924-01-25
WILSON YICIOR ] OVER BROWN IN
 { PRINTING. SUIT
High Court Solves Warm
 Contest For States Printing
STATE cAPITALa.RuREAU)

4 M9NIGOMEh1, l, AIRY Jan. zf.J The supreme court of Alabama Thurs day upheld the writ of maudamus is kued by the Montgomery circuit court against J. H. Stewart, clerk of the Alabama house of representatives, com manding him to deliver to the Wilson Printing company Of Montgomery copy of the house journal of 1923. The Will son Printing company requested the writ in order to have advantage of contract entered into with the state board of administration for the pub hc printing and binding for the year Beginning October l, 1923.
 The Brown Printing company also of Montgomery contested this claim of the Wilson Printing company, the for Her claiming that they had the right to print the house journal under their contract tor the state printing for the year beginning October l, 1922, and ending September 30, 1923. ,. | The :. opinion written by Associate Justice Sayre, recites that the respond ent Stewart filed with the secretary of state copy of the house journal on October 27, 1923, 2O-odd days after the Wilson contract had gone into ef- feet. It is. admitted that parts of the house journal had been delivered to the Brown Printing company during the life of their contract, but the opin- ion held that such facts were unavail- ing against the fact thatssthe journal was not completed for submission fo the secretary of state until after the Wilson contract had gones into effect. Justice Sayre, in his opinion, stated that while the respondent tsnay have in S Yolved himself and the Brown Print Ing company in embarrassment by de- axfc cf al xx,I,ar f. would be impossible to know whether the Brown company or some one else would be entitled to do the printing, this respondent took a chance and can not complain if the case is decided against him.
 < Affirrns Damage Suit The judgment of the Montgomery circuit court was also affirmed in the ease of. the Louisville and Nashville Railroad company against Robert E. Morrill,, ST., in whichh Merrill, the original plaintiff and a resident of Montgomery, was awarded 1000 damages from the railroad company. Morrill,, it is. claimed, suffered the loss of his right arm and other injuries, as a result of an accident sustained at the Mobile depot December 15, 1922. It was claimed by Morrill, that after he had alighted from the train, one Boris, q car wheel greaser or oiler of the railroad company, ran into him, knock Ing him down so that he fell under the moving train. t-s -e . Another-affirmation of a decision of the Montgomery circuit court was made in the case of H. s. Miller against the state board of public ac- countancy ct al, appealed from the Montgomery circuit court in equity. In this case Miller sought an injunc- ton proceeding to prevent the board of accountancy from hearing and passing on certain charges preferred against hin, wherein it was sought to have MiHef's license sor certificate as q cer- tified public accountant cancelled. The supreme court held that the Mont: eomery court was. not in error in dis, solving the injunction.
 The supreme court reversed and re- zaanded the case of William k. Me Donnell, ct al, executors, vs. Murnan Shipbuildipg corporation, appealed from the Mobile circuit court. The high court held that the lower court had made, certain reversible errors in it's rulings on ,pleadings in the case. In this case the plaintiffs, as riparian owners, sought to recover of defendant corporation the statutory charge of , cents a day for each log or stick of timber of defendant fastened to piles alleged to have been maintained by plaintiffs in front of their property on the banks of the Mobile river. z The case of Elmer Murray vs. State of Alabama, appealed from the Escam- bia circuit court, was reversed and re- manded. Murray was indicted in the Of 1000 for rrfla in tha first degree for the staying of Jim Move. He was convicted in 1923 of sec ond degree murder and sentenced to 9 years, imprisonment. Among other things the supreme court held that the lower court had erred in not granting l a new yenire when the defendant ob- jected to the, same venire from which a jury had been selected after the court had granted the motion of the solicitor to yacate, set aside and discharge the Toll Bridge Project Recalled The fact that only a few years ago a toll bridge was planned over the Tallapeosa river at Judkins Ferry near the site of the present large free bridge built by the state was recalled Thurs day by a decision of the Alabama su- Breme court, A toll road from the bridge to Wetumpka to link with the road from Montgomery was also in in mind.
 { The case was that of Henry c. Jones ct al. vs. w. G. Henderson and the aapreme court affirmed the decision of the Montgomery circuit court in equity. 1t was originated by bill in equity filed by W. G. Henderson against the Alabama Bridge and Road company and E. J. Matthews, Henry c. Jones, O. 0. Nelson and Frank StOllenwerck. Ihe object of the bill asked by Hen derson was to dissolve the corporation and to prevent the collection from him of his subscription to the stock of the corporation. The defendants demurred tv Henderson's bill, but the demurrer vas overruled by the trial court and the supreme court has sustained the kJwer courts ruling. The courts opinion, written by Asso- elate Justice Miller, recites that the blll of Henderson alleged that the prime object of the corporation was ti,e erection of toll bridge over the Tallapoosa river and the operation. of a toll road. Notice is taken in the bill of the erection by the state of free bridge over the Tallapoosa river near / the site proposed for the toll bridge, which the bill alleged would make the pay bridge worthless.
 Crenshaw Man ParOled
 ' Parole was granted Thursday by Governor w. w. Brandon to Worthy Shows, convicted in the Crenshaw county circuit court May %, 1923, of forgery and sentenced to two years i'm