The age-herald., 1899-01-11
EAST AND WEST CASE BEING HEARD Most Important Before Supreme
 Court.
 
MANY ATTORNEYS PRESENT I
Brigadier-GeneralO Oates Declines to En- ter the Race as Delegate to the Constitutional Covention-The
 Governors Appointments.

Montgomery January 10-(Special)-Th supreme court heard the arguments today in the East and West Alabama railroad case. The case was argued for the plain tiffs by General Wager Swayne, of New York and General F. s. Ferguson of B,r- mingham. Alex T. London, of Birming- ham, and Walter De Negre, of New Or leans, argued for the railroad. The case is the most important before the court, something like half million dollars being involved.
 There are large numbers of lawyers here attending court. Cases are being heard from the Seventh division, embracing the counties of Calhoun, Cherokee Clay, Gle burne, DeKalb Etowah, Randolph, Shelby, St. Clair and Talladega. Among the attor- neys in attendance are w. w. Haralson, Fort Payne; o. R. Hundley Huntsville; Congressman John Burnett W. R. Dortch, Amos Goodhue, J. B. Martin, Gadsden; John w. Inzer Ashvile; Jas D. Webb, Fred s. Ferguson, John P. Tilman, A. T. London, w. H. Denson, Birmingham; S. J. Bowie, w. c. Tunstall, Jr., J. H. Savage. A. P. Agee, R. Y. Street, D. D. Mcleod, Anniston; Cecil Brown, E. H. Dryer, c. c. Whitson, Talladega; C. H. Riddle, Good water w. c. Fitts Tuscaloosa; B. B. Bridges, Edwardsville; w. B. Browne, Co., lumb ana; Walter De Negre, New Orleans; General Wager Swayne, of New York; George F. Harrison, Opelka.
 The following decisions were handed down by the court today:
 Mcclellan, c. J.-Sam Jones vs. State of Alabama appeal from Montgomery city court; affirmed.
 UJor X Knowles appeal from Covington circuit court; affirmed.
 Tyson, JIM. J. Lockard ct al Vs. Myr- tie Stephenson, appeal from Pike probate court; affirmed.
 Sharpe, J.-Lulu Orr vs. Travellers Insur- anee company, appeal from Morgan circuit court; affirmed.
 Dowdell, J.-John Linehan vs. State of Alabama, appeal from Walker circuit court; reversed and remanded for proper sentence
 Some Appointments
 The governor made the following ap- pointments today: Notary publics and ex- officio justices of the peace-H. D. McCarty. ward l. Anniston; w. c. Griffin, precinct 14, Lowndes county; Harry A. Brance, Whis- tier. Notary publc-E. s. Smith, Syla- cauga. Justice of the peace-J. K. Rags dale, precinct IT, Culman county.
 General Oates Declines
 The announcement is made that General Oates has rendered his resignation as brig adier-general, and will shortly return home to resume the practice of his profession In letter from Camp Haskell, Ga., to Judges Foster and Gordon, of Abbeville, his old home, requesting him to become a can didate for delegate to the constitutional convention, General Oates says:
 .Waiving the question of my eligibility on account of residence, 1 feel constrained to say that in my opinion the honor of be- ing delegate to that convention should not be sought by any individual nor should it be bestowed as personal favor, nor as a reward for party service, nor as a stepping stone to political preferment, but alone ori account of his learning, wisdom, and ability to do well the important work to come be- fore him. The people should send as dec- gates their ablest and best men, without regard to political differences, to the end that the state may have an excellent con- stitution. l have been too frequently and highly honored by the people to go into a contest or scramble with any of my friends in the Twenty-third district are now candi- dates and I decline to allow my name 10 be used in a contest with them.
 q will not be a candidate to the conven- tion unless nominated without solicitation from the state-at-large, which I do not K peet under the law as l understand it.
 With high appreciation of your friend- ship and thanking you for the compliment implied in your letter, l am very truly yours, VIM. c. OATES"