The age-herald., 1898-08-28
INSPECTORS HAVE A FIGHTING CHANGE The Supreme Court Is Asked for a Re-
 hearing. COURT OVERRULED ITSELF Is What the Coal Oil JOhnnieS Claim, in
 Effect
COURT OVERRULED ITSELF
SEVERAL DECISIONS ARE CITED
Oil Inspectors Seek to Be Placed in Same Category With the Commissioner of Agriculture-One Inspects
 Fertilizers, the Others Oil.

Montgomery, August 2.-(SpeciaL)- coal oil inspection law appears still to have good fighting chance for existence. As was stated in The Age-Herald several days ago, since the supreme court-Judge Brickell dissenting-declared the law which provided for the appointment of the in- spectors to be unconstitutional, the ap- pointees under the act have had their att torneys at work hunting up decisions to sustain the constitutionality of the law. They now believe they have enough of them to bring to the attention of the court to justify the tribunal in allowing a new hearing of the case.
 motion for new hearing was filed with the court here today by the attorneys of Thos. D. McGough, the inspector for this, the Second district.
 The court in it's recent decision held that the oil inspection law was in direct con- flict with section 3S of the constitution of the state, which reads as follows:
 "No state office shall be continued or created for the inspection or measuring of any merchandise, manufacture or com modity; but any county municipality may appoint such officers, when authorized by law"
 The friends of the law insist that the court has in it's recent decision reversed several of its former decisions. One case that is noted is that of Steiner, Sons & Ray, in S4 Alabama Another is case involving the constitutionality of the law creating a constitutionaity of the law creating a commissioner of agriculture for Alabama.
 The supreme court decided that the law creating the office of commissioner of ag- riculture, a state office, was constitutional. Among other duties set out for the com missioner of agriculture is one that he in vestigate and analyze the fertilizer sold or offered for sale in the state of Alabama, and that he issue therefor tag for every 200 pounds of fertilizer examined.
 With the coal oil inspectors their duties are similar to that of the commissioner of agriculture. Their commodity or merchant disc or manufactured article Is oil instead of fertilizer. The inspectors have to in vestigate and analyze all oil sold or offer ed for sale and instead of placing a tag on it have to place a stamp with the name of the inspector thereon.
 The difference between the commissioner of agriculture and the coal oil inspector is that the first Is elected by the people and the inspectors are appointed by the gov- ernor.
 This is the line of their argument The result will be watched with interest.
 Rev. Scott Is Dying
 Rev. J. M. Scott, one of the oldest preachers in the Alabama conference of the Methodist church, is dying at his home at Elmore station. MT. Scott was stricken with Paralysis three weeks ago, and he is unconscious today. There is no hope of his rallying.
 MT. Scott is nearly 7e years old and has been a preacher for a half century Six years ago he was superannuated, but has gone on preaching regularly every Sunday at the churches within reasonable distance of his home
 MT. Scott dwelt nearly all his life in southwest Lowndes. in the famous Little Texas district, and he was known to every body in Lowndes, Butler and Wilcox coun- ties He was circuit rider of the old school and was universally beloved.
 Judge sayre Ill
 Judge A. D. Sayre, of the city court was reported this morning as being very sick. He was i'll before court adjourned and was advised to take a trip off and rest He went to Blount Springs the first of the week, but remained only a day or two. He returned home yesterday and has been confined to his bed ever since.
 To Impeach Assessr Hudson
 The governor has instructed the solicitor of the Third circuit to institute impeach- ment proceedings against MT. John D. Hud- son, tax assessor of Crenshaw county, based on the reports of the state examiner of public accounts last year and this con cerning the assessors official acts, which tend to prove incompetency in the office. The Age-Herald yesterday printed Exam liner Purifoys last report, which made bad showing for Mr. Hudson.
 Investigating the Fever situation
 The governor advised with the state health officer, pr. Sanders, in regard to re- ports of yellow fever at Tampa, and Dr. Sanders Is now on visit to that place. Last night the governor received tele- gram from Dr. Sanders that he had found nothing suspicious, but would continue in vestigation today.
 America's Opportunity to Advertise Governor Johnston has received a circu- lar letter from Ferdinand w. Peck, United States commissioner general to the Paris exposition of 1900, reminding him of the inn portance of American representation, and urging him to take steps towards having the natural and manufactured products of Alabama properly and creditably repre- sented. The governor desires the fact that he has received the letter be made known by the press to the people.