The Montgomery advertiser., 1903-06-26
TWO JUDGES
 QUIT PLACES -GaStOn OfButler and What ley of Clay. THE LATTER DISAPPEARS Former Will Move from Green-
 vile to Birmingham. Examiner George sedberry is Investi- gating the Probate ofice of Clay
 County and Irregularities
 Are Charged.

The resignations of two Probate Judge. W. W. Whatley of Clay County and Zell Gaston of Butler County were received yesterday at the State Executive Depart ment Governor Jelks has not yet taken action on either resignation.
 The resignation of Judge Gaston has for some time been expected, as he has formed a law partnership in Birmingham. He had announced his intention of re- signing several weeks ago and his resig- nation was therefore no surprise.
 It has been intimated in official circles that interesting developments will follow the resignation of Judge whatley. As- sistant Examiner of Public Accounts George F. Sedberry, Is now in Clay Coun- ty engaged in the examination of the books of Judge Whatley. A special from Ashland states that Judge whatley is not at his home nor has he been there in sev- eral days. These are regarded as signifi- cant facts by public officials who are fa- miliar with Judge Whatiey's conduct of his office.
 Judge What1ey was one of the very few popuilst County officials remaining in Alabama. He went before the public several weeks ago In an unenviable light In a special report filed by Examiner George F. Sedberry, he was charged with brave Irregularities in the payment of pension warrants to old soldiers and
 
 Whatley had taken advantage of the law allowing the Judge Of Probate under cer- tain circumstances to collect from the State Treasurer pension warrants. The State officials had first called attention to these irregularities and at their instance Examiner sedberry was. sent to Clay County. That was several weeks ago, at a time when the Examiner could not make a thorough examination of Judge Whatley's books.
 He interviewed some of the pensioners who told of the great difficulty they had experienced in collecting their pensions. The Examiner had reason to believe that in the books of the Judge of Probate.
 At the first opportunity Mir. Sedberry was sent back to Clay County to go care- fully over the books and accounts oi Judge Whatley and other officials of the County. Now while this examination is being conducted the resignation of Judge whatley Is sent to the Governor and the announcement is made that he has not been at home for several days.
 There are already three applicants for the vacant judgeship of Clay, J. A. White and F. J. Garrison of Ashland and Dr. s. J. Gay of Lineville.
 Judge Gaston of Butler resigns to prac- tice law in Birmingham with former Con- gressman Jesse F. Stallings. The part 
 and Judge Gaston announced his inten- ton of -resigning the Probate Judgeship of Butler on June 1. Butler County was, however, in the midst of bond election ct that time. which. under the special law. had been ordered by the Judge of Probate. It was contended that, if Judge Gaston resigned and a new Judge was elected some objections to the bond issue, the election for which was called by one Probate Judge and the result certified by another, might be raised in the Eastern money markets. For this reason Judge Gaston held on until the bonds had been signed and delivered.
 The books and accounts of Judge Cas- ton were examined two weeks ago by Assistant Examiner T. J. Rutledge and were found to be correct n all particu- lars. The examination was made at the request of Judge Gaston.
 There are no applications on file for the vacancy in Butler County.