ligently, perhaps, injured a great number of persons in its employ by one act. The case is of historical value for another reason; that the action of the Supreme Court of Alabama in ascribing to the afore mentioned doctrine, contributed in no small degree to the absolute denial of justice to hundreds of persons; it affected the inalienable rights of many widows and orphans; it denied to these litigants a constitutional fundamental right: the right to a trial by jury of the issues of fact between one citizen and another. That it did so wrongfully, is demonstrated by the fact that the Supreme Court subsequently, on rehearing, took back this dangerous doctrine and overruled the case expressly in the opinion rendered in the 173 Ala. at page 347, in the case of Roanoke Guano Co. VS. Saunders. In this last decision, the court, speaking through Justice Mayfield, in the analysis of Judge Tyson's former opinion, tears this erroneous opinion to shreds by a simple process of reasoning and due consideration of the authorities actually relied upon by Judge Tyson in sustaining the opinion of the court; admits the correctness of the criticising opinions of various other courts, and of the annotations in the different law reports, and once and for all, upsets the doctrine of expediency decisions.

In a very similar case, that of Vandalia Coal Co. vs. Lawson, et al, in the 87 N. E. Rep. at page 47, the Supreme Court of Indiana at page 55 in this opinion, strikes the keynote which it is generally accepted was the basis for the opinion by Judge Tyson in the following language:

We do not hold, or agree with the cases which hold that the exercise of the power to issue an injunction to prevent a multiplicity of suits is to be absolutely controlled by the discretion or caprice of the various courts. Such arbitrary power would be as unreasonable as that possessed by a monarch. The discretion

used, should be the result of legal reasoning and consideration, wherein all the facts and circumstances are considered with regard to whether the assumption of jurisdiction by equity would 'make for justice,' (Boomville vs. Blakey, 166 Ind. 427; 76 N. E. 529) or as even Pomeroy says (Sec. 257 1-2) 'will result in the simplification of issues." "

Let the courts decide the questions presented fearlessly and upon basic principles and the law as created; let them follow the course originally marked out for them by the fathers of our country and they will reap the benefit of a duty well done; there will then be small room for the biting criticisms now directed toward them and justice will be done to all equally and alike.

Necrology of the Alabama State Bar Association, 1914-1915

BY THOMAS M. OWEN. Director,

Alabama State Department of Archives and History.

Three names only claim the attention of the annalist for the good year of the Association, 1914-1915. Sketches appropriate to their work and position are here presented.

ALBERT EDWARD BARNETT was born at Glennville, Barbour County, Ala., November 11, 1860, and was the son of Patrick Edward and Ellen (Glenn) Barnett, and the grandson of Patrick Jack and Nancy (Beall) Barnett, of Wilkes County, Georgia, and of Massilon McKendree and Barbara (Herndon) Glenn, of Glennville. Patrick Barnett was born in Washington, Wilkes County. About 1856 or 1857 he settled in Glennville, Ala. He served in the 45th Alabama Infantry regiment in the War of Secession, and lost his right leg at the battle of Atlanta, July 22, 1864. He was Color bearer of the regiment at the time.

Judge Albert E. Barnett was taught at home by his mother until he was twelve years old. After working for a few years in a store, he attended school in Opelika. In September, 1874, he 1874, he went to work again, but for two or three years, as his time permitted, he took night courses of study under Prof. W. J. McKennie.

On September 15, 1880, in a competitive examination at Union Springs, he won the appointment to West Point Military Academy, but resigned before registration. In December 1882 he entered the academic department of Vanderbilt University, but remained only until the end of the session in June 1883.

In December 1890 he entered the law school of the University of Alabama, finished the course of June, 1891, but was not granted the degree of LL. B. because he had not been a whole year at the University; but the degree, however, was granted a year later. At Ozark, Alabama, Judge J. M. Carmichael presiding, in July, 1891, he was examined and admitted to the bar. Very soon thereafter, in the same month, he began the practice of his profession in Birmingham, but in 1893 he removed to Opelika, where he has since continuously resided. In November, 1893, he was appointed by Chancellor McSpadden Register in Chancery, for the district composing Lee County and held this office until 1898. He was city attorney of Opelika, 1901-1905, and in 1907 was appointed by Governor B. B. Comer, Judge of the County Court of law and equity, but was defeated to succeed himself in 1910. He was on the city board of education of Opelika, 1899-1901.

He was a Democrat, but not always "regular;" was elected chairman of the Democratic Lee County Executive Committee in 1894, but resigned in 1896, after the state campaign, and became county chairman of the so-called Palmer and Buckner Democratic executive committee.

Judge Barnett united with the Methodist Episcopal Church, South, in 1870; was successively steward of the church in Eufaula, of the First church in Birmingham, of Trinity church in Birmingham, and church in Opelika; was a delegate to the General Conference in 1910; and from December 1909 was

Conference lay leader in the Laymen's Missionary Movement. He was a Mason, but with no official position. He was twice married: (1) at Opelika, April 11, 1888, to Julia, the daughter of Henry Augustus and Maria (McRea) Young of Eufaula. Mrs. Barnett died childless in Eufaula, March 2, 1889. (2) The second marriage was in Opelika, January 6, 1892, to Mary Hannah, the daughter of Dunstan Marion and Cordelia (Allen) Banks and the granddaughter of James Jones and Hannah (Alston) Banks, and of John W. and Florella Ann (Glenn) Allen. The children of the second marriage are:

(1) Mary Elizabeth; (2) Albert Edward; (3) Sarah Antoinette; (4) Marian Banks; and (5) Ellen Glenn.

Judge Barnett died on March 25, 1915.

MALCOM ALEXANDER SMITH was born March 31, 1840, nine miles north of Wetumpka in what is now Elmore County, Ala. He was the son of Malcom and Mary Baker (Graham) Smith and the grandson of Neill and Mary Baker (Graham) Smith, of Cumberland County, North Carolina, and of Archibald and Euphemia Graham, who lived near Fayetteville, North Carolina, and the great great grandson of Malcom Smith of Argyleshire, Scotland, who emigrated to America and settled in Cumberland County, about 1730 or 1734. Neill Smith and his brother John were Whig Revolutionary Soldiers, and belonged to Captain McCrary's company, Armstrong's command of North Carolina militia. Malcom Smith, his son, was born in Moore County, North Carolina, migrated to Autauga County about 1820, where he engaged in farming; afterwards located in what was then Coosa County, nine miles above Wetumpka, but in 1843 returned to Autauga.