Birmingham age-herald., 1895-02-16
A VETO.
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 court bill in the senate and not attempt to aprevent it's passage Mir. Montgomery would . sbeauthoriZed to say that MT. Robinson 8 { vote would be cast for house bill S21, better known as the Southern octopus bill.' MT. Robinson, after making the foregoing statement, remarked in conclusions: IT Senator Miner does not accede to the proposition and permit the court bill to pass the senate. will then consider your request.
 "As to the denial my of colleague that said to him, I mean you, Montgomery, Il will simply say the remark was made at that stove Tn the presence of several mem- bers, and in the saiLe connection l said: - will give you pill to swallow when you get home that you will not be able to digest easily meaning that intended to svenlilate his action on the vote for the octopus bill.' I regret, Mir. Speaker, the necessity which forces me to this explanation, but my veraci,y has been Questioned through the denial of MT. Monte eomery, the late member from Jeffer- son, and however disiasteful it may be I : cannot afford to permit his remarks on the floor of this house to so unuoticed.'
 Adjourned till Monday.
 IN THE SENATE.
 Governor Oates' message to the senate this morning contained the names of the railroad comm ssioners appointed 10 All va canciss created by the expiring terms of Willis 0. Clark and w. c. Tunstall. The message contained the name of Ross c. Smith of Birmingham to succeed Clark and W. c. Tunstall to succeed himself. The senate promptly confirmed the ap- pertinent of Mir. Smith, but went into executive session to consider the name of Mir. Tunstaii, and his appointment was non concurred in by the following vote:
 Those voting yea-Messrs. Pettus, AL ham, Hawkins. Miner, Moody, Porter, Rogers, Tumlin, Walker of Henry-13. 2 Those voting nay-Messrs. Brewer, Browder, Bruner, Darby, Day. Goodwyn, Hollis, Hundley, Kemp, Fitzpatrick. Me- Eldery. McRae, Nolen, Robinson, sam
 Colonel Tunstall has served as commis- sioner for about ten years, aEd-this is sup posed to be the reason for his rejection Dy the senate.
 The remainder of the day in the senate was devoted to discussion of the revenue bill passed by the house day or two ago. The bill was under discussion at adjourn ment of the afternoon session.
 JOINT CONVENTION. 5 At 12 o'clock the two houses held joint convention in the hall of representatives Tor the purpose of electing certain court officers.
 When President Pettus stated the object of the convention to be the election of judge of the inferior court of Birmingham, A solicitor of the Thirteenth Judicial cir cult and solicitor Of tue city court of Gadsden Colonel John took the floor and made a short explanation of the creation of the inferior court and related the substance of his explanation ou the floor yesterday when MT. Montgomery arose to question of personal privilege. what MT. John had said relative to the character of MT. Montgomery, and stated that he had stumped the county with him during the canvass last summer and found Mir. Montgomery at all times gentlemaniy, upright and conscientious in every respect, and that nothing would afford him more pleasure than 10 vote for his colleague II he were eligible under the sconstitution. He entered his protest against his eiecnon on behalf of the city council of Birmingham and because he did not believe such elec- ton to be in compliance with constitu- tional provisions.
 MT. Coleman of Marshall then placed In nomination the name of William F. Mc- Crossin without eulogy.
 MT. O'Brien asked to be excused from svoting. An objection was interposed, but "a motion by Mr. Hundley of Madison to excuse the gentleman prevailed.
 Upon casting up the joint ballot the vote resulted: Montgomery 79, McCrossin 26, and Mir. Montgomery was declared duly elected judge Of the inferior court of Bir- mi gh ham for the time prescribed by law. The chair then announced that the noml- nation of solicitor for the city court of Gadsden was in order, and MT. Sanford oi Montgomery offered the name of Hubert T. Davis of Attalla.
 This was the only nomination made, and MT. Davis received the unanimous vote of the convention.
 The next nomination was a solicitor for the Thirteenth Judicial circuit. Mir. Stewart Brooks of Mobile having been nominated on yesterday was duly elected by a vote of 73, as against Il vote cf 23 cast by the populist members of the convention for c. L. Bromburg, Jr., of Washington county, whose name was offered by MT. Hearn of Chnctaw.
 The object of the joint convention having been accomplished the convention ad. journed.
 THE OCTOPUS VETOED.
 Governor Oates tonight sent to the gen. eral assembly a message vetoing what has been termed the alien railroad corporation bill. This bill originated in the fight be- icinnati, Hamilton and Dayton road for control of the Alabama Great Southern road, running through this state from Chattanooga to Meridian.
 Governor Oates' veto is based mainly on the point that the bill discrimin ates against the alien owner of property contrary to the provisions of the state constitution. An absolute majority of the members elected to both branches of the assembly is neces- sary to overcome the veto, and 1t Is thought i'm prOD ODhDle tnat tnl5 majority VIII oe 5e- cured. The vote on it. has been postpe ned until Monday. ~
 LEGISLATIVE NoTEs.
 Mr. Montgomery sent his resignation to the governor and house of representatives this afternoon as a member of the Jefferson county delegation in lieu of the fact that he was elected judge of the in-- ferior court today. He thanked the house. for the confidence it's members had be- slowed on him by such election.
 In justice to Mr. McCrossin MT. O'Brien stated that he is solely responsible for hav- ing his mama placed in nomination by MT. Coleman, because under the constitution, if MT. Montgomery is declared ineligible, he has the following authorities, in case of