Bank of Collins (Collins, MS)

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announced last Tuesday that they would resist extradition and, if necessary, bring habeas corpus proceedings. The North Carolina requisition was signed several days ago, but when it will be sent to Nashville is undetermined. The Leas' counsel have asked Governor Hill McAllister to grant them a hearing before acting on it. The elder Lea is under a six to ten year sentence, and Luke Lea, jr., to pay $25,000 in fines and costs or serve two to six years. 2,000 PERSONS HELD IN HILLS (Continued From Page One) mountains when caught in the fury of the storm. Automobiles were abandoned and motorists walked back to Lake Arrowhead. Cabins, ordinarily closed to the public during the winter, were opened and checkup today disclosed occupants of all stranded machines were accounted for at the lake. The state highway department reported it hoped to have the road open by noon today, but that the stalled automobiles on the highway, many of them under huge drifts, slowed the work of clearing the road. Authorities said unless the highway was reopened immediately there was a possibility of a food shortage. STORM WARNING ON COAST NEW ORLEANS, Jan. 30.—The New Orleans weather bureau today ordered small craft storm warnings in the Central Gulf Coast area, reading: "Small craft warning indicated 8:30 a. m., Apalachicola, Fla., to Morgan City, La. Fresh to strong east and northeast winds Monday, probably squalls." The disturbance in the Gulf was reflected here in heavy rains and an overnight ten-point drop in temperature to 52 degrees. COLLIER STILL MISSING NORFOLK, Va., Jan. 30.—The collier T. A. D. Jones, which left Newport News Tuesday and was due in Boston Saturday, was still missing today, according to the coast guard. It was thought she may have taken refuge from the recent storms in Vineyard Sound. The Jones carried a crew of 26 men. The tanker Eugene V. R. Thayer, reported to have lost her rudder 100 miles off Cape Romain, was picked up by a ship of the same line, the Farrell, according to a radio received from the coast guard cutter Modoc. The collier Berwindvale reported disabled off Smith's Island, made her own repairs and reported at 10 a. m. today passing in through the capes bound for Newport News. CANNED GOODS DECREE GIVEN (Continued From Page One) have concluded therefore that the question stated in the opening of this opinion should be answered in the negative." Two Liquor Cases Reversed In other decisions the high court reversed and remanded two liquor convictions when the convicted men contended that arrests were made without a search warrant. Charles Elardo, convicted in Leflore county of transporting a truck load of liquor, maintained that a deputy sheriff who had helped him to get his machine out of a mudhole, arrested him at the courthouse when he discovered 155 ten-gallon kegs of liquor. Elardo appealed, contending that since the deputy had no search warrant, he had no right to search the truck and arrest him. The court held that "conviction in the case at bar stands upon evidence obtained in an illegal search," and reversed the lower court finding. Hobson Boyd, convicted in Smith county for possession of liquor and fined $500 and sentenced to 90 days in jail, likewise won a reversal when it was shown that deputies raided and searched his place without a warrant. In this case the state contended that a warrant had been issued but lost, but the opinion held that "the evidence was wholly insufficient to show the loss of the affidavit and search warrant." Held Liable for Taxes With two judges dissenting, and high court, in another appeal, held that S. M. Nickey, Tunica county, was liable for all taxes on property situated in this state, with the exception of drainage taxes. The whole tax bill amounted to $7,483.22. Nickey failed to pay his taxes for 1928, and the property was advertised for sale for their payment. In addition to these lands, it was shown that Nickey owned other lands in the county, against which a chancery court ordered attached to satisfy the decree rendered for the taxes on the other property. The high court affirmed all taxes, except those arising out of the drainage assessments. In addition the high court held that the tax collector was not entitled to fees. "We are unable to see how the state was entitled to recover costs and damages," said the opinion. "It is true, the lands had been advertised by the tax collector, but they were not sold. The statutory scheme for the collection of these taxes through the tax collector was abandoned. He did not earn his commissions and costs. For these reasons it appears to us that these costs and damages were not recoverable by the state." Collins Bank Case Decided. In another opinion of wide interest, the court held that I. N. King could not bring suit against state superintendent of banks J. S. Love to recover money on deposit in the failed Bank of Collins, until liquidation of the bank is completed. King had a certificate of deposit in the Bank of Collins when it was taken over by Love for the state, and after procuring an assignment of other depositors' funds in the bank, brought the suit in chancery court, "making various allegations against the directors of the bank and against Mr. Love . . . charging acts of negligence and bad faith." The supreme court held that such individual suits could not be brought, but that orderly liquidation of the bank should proceed, and "if the liquidation of a bank by the superintendent of banks under the direction of the chancery court does not result in the payment of depositors and creditors, it will be time enough for suits against the superintendent of banks and his bondsmen to be filed, and litigated." Decisions of Court Today The following opinions were handed down by the supreme court today. Justice Griffith Groger Grocery company vs. Mary S. Lewelling, Tallahatchie circuit, reversed and dismissed. Lusk-Harbison-Jones, Inc., vs. Universal Credit company, Washington circuit, reserved and remanded. Sophia K. Goff vs. Sam Jacobs, Bolivar chancery, affirmed. Mike Thomas vs. B. M. Feibelman, et al, Lauderdale circuit, reversed and remanded. Justice Anderson Earl Dennis vs. J. C. King, Washington circuit, affirmed. G. and S. Railway company vs. J. W. Dunlap, Montgomery circuit, reversed and remanded. State vs. Laval Snowden et al, Lauderdale circuit, reversed and remanded. Hobson Boyd vs. State, Smith circuit, reversed and remanded. J. C. Little vs. W. L. Newhouse, et al, Prentiss chancery, reversed and remanded. Mary Gates Ford et al, vs. Lem Smith, et al, motions to retax costs overruled. Justice Etheridge Charles Elardo vs. State, Leflore circuit, reversed and remanded. M. and O. R. R. company vs. Mrs. Dillon Swain, administratrix de bonis non, Lauderdale county, affirmed. J. S. Love, superintendent of banks, et al, vs. State, Covington chancery, reversed and bill dismissed. Mrs. G. W. Powell vs. W. B. Roland, Scott chancery, affirmed. Great Atlantic and Pacific Tea company vs. Miss Charlie Compton, Adam's circuit, suggestion of error overruled. Estus Baggett vs. F. S. Hammons, Marion circuit, suggestion of error overruled. John Cunningham, jr., vs. Columbia Machine Tool company, Hinds circuit, suggestion of error overruled. Hattiesburg Ice and Fuel company et al, vs. F. E. Davis, settled and dismissed at cost of appellants. John W. Henry vs. Mississippi Power and Light company, motion to pass sustained. En Banc S. M. Nickey et al, vs. State, Tunica chancery, affirmed in part and reversed in part. E. D. Graves, et al, vs. Hinds county, ex rel, Hinds circuit, reversed and dismissed.