The Birmingham age-herald., 1924-02-14
TESTS LEGALITY l
 OF GASOLINE TAXI
Woffor6 Oil Company Refuses To Fay And Is
 Fined
tsTATE CAPITOL BUREAU)

-GhAhAOL
 MONTGOMERY, Ala, Feb. 13.-H. S. Gardner, local manager of the Woco- Pep Gasoline company, the trade name of the Wofford Oil company with head quarters in Birmingham, was fined $10O and costs in two cases in police court here this afternoon on charges of failing to file tax returns on the new city ordinance imposing an excess of a cent per gallon on gasoline and half cent per gallon on kerosene sold within the police jurisdiction of Montgomery.
 The fines constituted the immediate climax of hard fought effort on the part of Wofford Oil company to pre- vent the imposition of the tax by the city. The tax was imposed in an ordi- nance drawn in January. Since that time new ordinance has been drawn surplanting the old ordinance. Mir. fancey, of the firm of Yancey, London and Brewer, of Birmingham, counsel for the Wofford company, who fought the tax in an injunction proceeding be- fore Judge Walter B. Jones here re- gently, represented Mir. Gardner in po- lice court. He declared that the ordi- nance did not provide for more than one arrest and one fine and that it could collect tax only on gasoline sold by the company at wholesale. The local magistrate, however, held that the in tent of the law was that the fines and arrests were to be daily.
 The case was settled when the Woco- Pep company decided to make the re- turn under protest and sue to recover back the money paid the city under an ordinance which it holds to be uncon- stitutional.
 Greene Road Is Issue
 The location of the highway. in Greene county to connect Eutaw with Livingston, will be the subject of Il hearing before the state highway com mission at its meeting on February 20, at which time rival delegations are ex- lected to appear before the commis- sion. Notice has also been received that delegations will be on hand that date from Wilcox and Fayette counties, the exact nature of whose desires is not known.
 John Warren Paroled
 Governor W. w. Brandon Wednes- day paroled John Warren, Lawrence county convict serving a life sentence. Warren was convicted of murder June H, 1915.
 More Stills Smashed
 Unusually heavy captures of stills and arrests on charges of moonshining were reported Wednesday afternoon to the state law enforcement department. In Crenshaw county, with the aid of the county sheriff, five stills. each of 6O-gallon capacity; were destroyed. A I5-gallon still was smashed in Coosa, and two men arrested one 250 and 300 gallon still in Shelby, with two arrests :; eleven stills, ranging from 40 to 15O gallons capacity in Cleburne; one 1O- gallon still. and one man. arrested. in Russell; 40-gallon still in Franklin with four arrests 30-gallon still in Limestone, with one prisoner; two TO- gallon stills in Elmore and one 50- gallon still in Morgan.
 -s } 3F' New Rate Ordered
 The public service commission today ordered the Western Railway of Ala bama to apply within 30 days rate not exceeding IT 1-2 cents per hundred pounds on empty iron drums returned i'll less than car loads shipment from Selma to Montgomery. The order re- suited from complaint by Penick and Ford, Ltd, inc, against existing rates.
 Julian to Mobile
 State Superintendent of Insurance Frank N. Julian, left tonight for Mo bile on official business for the de- partment and will confer with isur- ance men there.
 Prisoners Received
 A total of thirty new prisoners have been committed to the state peniten- tiary for the first twelve days of Feb ruary, according to figures today from the convict department. This compares with 43 received during the full month of January.
 Lumber Company to Build
 The Tullahoma Lumber company of Tullahoma, Tenn, will construct a large lumber concentration station in Montgomery. This announcement was made today by the chamber of com merce following the letting of a con- tract for the construction of the neces- sary buildings by John B. Martin, president of the company. All pur- chases of hardwood lumber in Alabama, :, Florida, Mississippi and South Georgia will be concentrated in Montgomery all from Montgomery shipped to con suming points in the southeastern