The age-herald., 1899-03-14
THE COMMISSIONERS COURT.
A Statement from Judge James B. Head
 About the Case.
Birmingham, Ala, March 13.

To the Editor of The Age-Herald.
 The published reports of the postpone ment, Saturday morning, of the Roberts & Son and county treasurer case were likely to create a wrong impression, which our side ought to correct. l would be grateful, therefore. for the publication by you of this explanation The wrong impression referred to is, that the counsel for Roberts & Son were extremely anxious, and have been extraordinarily diligent to bring on a final disposition of the litigation at the earliest possible moment, whilst the counsel on the other side were disposed to the op- posite-the first statement in the proposi- ton only being true l fully acquit my friends, Cabaniss & Weakley, of any thought or intent of producing such an i'm pression, for they of course know, we of the commissioners side and those gen. tlemen. almost from the time of their em- ployment and ourselves had, you might say from the meetings we held on it, organized ourselves for the purpose of the greatest cooperation and concurrence of action to so manage the litiga tion to bring about the earliest possible disposi- tion of it; and perhaps there was never greater mutual zeal and determination felt and observed by opposing counsel to see to it that no obstacle which could be possi- ply avoided should be permitted to delay the final disposition of the matter The purpose, on our side, to so conduct the case originated with me and was earnestly con- cured in by my partner and the associate counsel before the revenue board organized employed counsel, and we agreed that we would propose the arrangement to the boards counsel as soon as they should be known to us, Both sides have carried out the plan in the very best faith.
 Again, the printed accounts do not state the whole case to the agreement be- tween MT. Weakley and me in reference to poc cai in lrf for week. It was an undisputed fact, fully dis cussed, concurred in and agreed upon by MT. Weakley and me, that the postpone ment requested by me could not, in view of our general agreement to speed the case, delay for single moment the argument in the supreme court (where it was assumed by both of us the case would be sure to go by appeal, without regard to who was suc- cessful in the city courD, for the reason that the case could not be heard in the supreme court earlier than April 9th, prox and five or six days, or say ten, after de- cision in the city court, would be ample time in which to make out the transcript and remove the case to the supreme court; i; hence, if the case should be decided by Judge Wilkerson so late as the 24th of this month, there would be ten days in which to get it to the supreme court by April 9th, so that, not moment of delay of the dis position of the appeal could arise from laying the hearing before Judge Wilkerson over TOT a week or ten days. ASaln, the suit was filed on Monday against MT. flaw kins who was not client of ours. I did not know until Wednesday afternoon that we would be authorized to litigate for him or In his name. The form of procedure adopted by the other side involved the creation of now relations with us before we could appear to defend, which necessari- ly took time; the case was set for Satur- day; so that we had two days in which to prepare the answer (which alone required at least two days hard work). and to classify and arrange the argument of a case which, as I conceive, involves consti- tutional questions the magnitude of whose importance to the people at large does not often arise. The facts above stated on this point were referred to by me in the inter- view with MT Weakley, and no opposition to them expressed.
 But, notwithstanding MT. Weakley's as- sent to these reasons have not the slight est doubt that his unhesitating consent for the case to be passed proceeded, without re- gard to other causes, from his kind con- alteration of my indsposition during a por- tion of the week. for which I am deeply grateful began work on the case in my office on Saturday. and every effort will be made by me and my associates to have 1t : argued next Saturday. which day hope >rill be arranged for the argument. by leave
 the court. beg pardon for SO lengthy kn explanation. Very respectfully.
 JAMES B. HEAD.