The Birmingham age-herald., 1903-09-05
Felix Blackburn Had Hard Time Urging the Committee to
 Postpone Action
SUPREME COURT BILL
 GETS FAVORABLE REPORT
VIII Be Enlarged to Seven Members, Committee Are Having Trouble With Numerous Bills Against
 Sunday Baseball Games.
BY E. E. kERsH.

BY E. E. kERSH.
 Montgomery, September 4.-(special)- The Werner dispensary bill. providing for elections in all counties where saloons are not open to determine upon the establish ment of dispensaries, is causing real warm fight and the chances of it's pas sage seem about even. Former Senator Moody of Tuscaloosa who is the father of the measure made lengthy speech be- fore the committee in support of the measure and 1t took an earnest plea on the part of Representative Felix Black burn to have the committee postpone ac- tion in order to give opponents of the bill time to get before the committee for a hearing. Next Wednesday night has been fixed as a date to hear arguments on the measure.
 To Enlarge Supreme Court
 The house judiciary committee tonight agreed to report the bill enlarging the Supreme court to seven members. The bill provides for the court to sit in sec tions, three of the subordinate judges sitting with the chief justice. Chief Jus tice Mcclellan was before the committee and endorsed the bill, If the bill becomes a law the governor will be charged with the duty of appointing two judges to hold office until their successors are elected in 1904
 The committees in both houses are hav- ing no end of trouble over bills to pre- vent Sunday baseball The senate com mittee was to have heard arguments on ba tcda hut ba Tn ho lobby of about half dozen preachers to support the measure, seems to have frightened away quorum and the com mittee did not meet until the preachers had departed
 First Fight on Street.
 The Shelby county court house wrange was the cause of a fist fight between two lobbyists in front of the exchange hotel today. Lawyer w B. Browne and E. A. Turner were the participants Turner ac- cused Browne of accepting fees from both sides in the case and the charge was denied in such language as to cause Turner to send a swift right into Browne's face The two clinched but were soon pulled apart without further injury. The senate will have before it tomorrow the bill providing Repositories for all pub lie funds. The measure will cause fight.
 The Proceedings.
 The legislature has passed it's second re- cess day, and it may be asserted that its work has been materially advanced with out the loss of the legislative day. The committees have spent very busy day working upon the innumerable bills that have been flooding both houses for the two legislative days already consumed.
 Because of the importance of several of the measures now in the hands of the committees their sessions have been of extraordinary interest, and while they have not yet begun to see daylight, when the session convenes tomorrow there will be many bills read the second time and placed upon the calendar for the third reading.
 Probably first in importance of the bills considered today was the general elec- tion bill now in the hands of the senate committee. The house and the senate seemed crossed on this proposition. The house passed the Bankhead bill, which apparently gives every safeguard for fair and honest elections in Alabama. Among its provisions was one providing for a numbered ballot. And right here is where the trouble arises in the senate. The upper house did not reach the election bill at the first session, and during the recess the special senate committee took up the mat ter. and in It's deliberations eliminated two of the main features of the original house bill, cutting out the provision for num- bered ballot and inserting a provision for the retention of booths.
 Both Sides Determined.
 The senate bill has been before the sem ate committee on privileges and elections since the first day of the present ses- sion, and various members of both houses have been invited before that commit lee to discuss its provisions. The members of the senate committee who were mem- bers of the special recess committee seem determined In their effort to have their plan adopted, but on the other hand lead Ing members of the house, and some of the leading senators. appear equally de- termined that the original house bill shall go through. Representative Bankhead, the author of the bill, is making a hard fight for the numbered ballot, claiming that the integrity of the ballot is far more im- portant than its secrecy. In their effort 10 carry a point the friends of the secret balos in the senate have gone back into The records and dug out some court de- cisons where 1t has been held that the word ballot carried with it secrecy, and that therefore law providing num- bered ballot would be unconstitutional, as 1t would no longer be secret.
 Whether the senate committee shall nin out or not, it is safe to predict that Inc house will never agree to an election A bill either for the party primary or the general election, that does not carry with 1t the safeguards provided in the Bank head bill. and is guaranteed the electors m Alabama by the advocates of the con- rtitution now in force. Should the sen ate eliminate the numbered ballot, the success of the measure will be tempor- arily at least endangered. for the tenn perament of the house on the question nas been so clearly shown that it is cer-