The age-herald., 1901-01-26
B. 5. < N. ]. ROAD
 MAKES NEW MOVE
Attempt to Have Case vs. South ern Railway Carried Back
 to Dallas Court

Selma, January 24.-(special)-Th Birm- ingham, Selma and New Orleans Railway made another move yesterday seeking to cross the tracks of the Southern at Smith s Crossing
 It will be remembered that the Supreme Court held that the injunction rendered by Chancellor Smith should not have been dissolved. This was almost a knockout blow for the little road that is striving so manfully against it's big opponent to enter the heart of Marengo County. Since then nothing has been done, So far as legal pro- cedure was concerned but the work has continued under great difficulties until now the track on the other side is almost ready to be connected.
 When the easement over the Southern's S track was granted the B., s. and N. O. in the Probate Court of this county in Sep- tember an appeal was taken by the South ern to the Supreme Court. This appeal is still pending, and if the natural course of events were allowed to take it's course would come up sometime in February upon the call of this division. It was supposed that when the Supreme Court gave the knockout drops to the road of many int- tials there would be nothing else to do but wait until this appeal was decided, but yesterday an innovation in legal procedure in these parts was sprung, that is a motion was made which not probably has not a precedent in any court in the State.
 This motion was that the B. S. and N. O., the appellee, be allowed to confess error in certain count and have the case im- mediately reversed and remanded.
 This motion was argued before the Su- preme Court by essrs. A. D. Pitts and A. l.. Mcleod for the B. S. and N. O., and was resisted by Hon. F. L. Pettus, rep- resenting the Southern. The court took the motion under advisement and this morning rendered it's decision denying the motion.
 The purpose of such proceedings was simply that by confessng error the case might be reversed and sent back to the Probate Court where steps were to be taken to secure an easement that will stand.
 There was hope that some arrange ment might be made looking to a compro- mise of the differences between the two roads, but yet they appear to be as far removed one from the other, as ever.
 Evidently the Southern wants some con- cession from the B. s. & N. O. which the latter is unwilling to grant or the matter would have long ago been arranged. The theory that the Southern only wanted to keeep the B. s. & N. o. from hauling the crop of last year to market will not hold now for the cotton is nearly all in or would be by the time the road could be completed, so the spectators are not yet agreed as to what Is the real motive behind all this litigation.
 Mrs. Emma Seymour died last night at 10:SO o'clock at the Selma Infirmary. She had been i'll for quite a while, her condi- tion improving at times and then becoming worse again. She was removed to the in- firmary Wednesday night in the hopes of prolonging her life.
 Mrs. Seymour held her church member ship in the Church Street Methodist church and was faithful in every way to all her religious obligations. She leaves four chill dren, Misses Fannie and Maimie and Messrs. John and Charles.
 The funeral will occur from her late res- idence fin Church street this afternoon at 4:30 o'clock.