The Montgomery advertiser., 1903-08-16
COFFEE COUNTY FIGHT
REMOVAL OF COURT HOUSE BE-
 FORE THE GOVERNOR.
Delegations From Elba and Enter prise Were Heard But no De- finite Action Was Reached
 Petition is Attacked.

The hearing before Governor Jelks yes terday of both sides in the Coffee county Court House fight resulted in slight but temporary victory for the adherents of the cause of Enterprise, but the main question at issue before the Governor is still undecided.
 On the question of the sufficiency Of the petition filed by Enterprise asking for a court house election proof has been filed by both sides with the Governor The situation is not complete. The law requires that the petition to the Cover nor shall be signed by half of the quail fled voters of the county. The Enter prise contingent has nIed with the Gov ernor affidavits to prove that there are more than the number required by law. Elba has submitted affidavits to show that there are not on the petition half the qualified voters of the county. Both sides are confident. Whether the peti- ton is sufficient or insufficient will be de- cided by the Governor.
 The petition is the first filed before the Governor under the court house act pass ed by the present Legislature. The act provides that the Governor shall appoint a commission of three to conduct an election to decide the location of d coun- ty court house upon the receipt or pe- tition signed by half the qualified cleo tors of a county, provided he believes the petition is made in good faith.
 The people of Enterprise filed over a month ago a heavily signed petition ask ing for the appointment of commission CT to superintend a court house election, There are-in Coffee county about 2,0OO legally qualified voters. The petition has nearly that many names signed to It. but it is admitted that many of the names are not those of qualified cleo tors But Enterprise claims that the pe- hNr WaU WTNn majority of the county's legal voters. On the other hand Elba claims that the petition does not bear the names of 70( of Coffee's legal voters
 Upon the filing of the petition the at torneys for Elba submitted briefs at tacking the law. The chief contention against the law was that it contained penal provision and could not there | fore become operative until thirG days
 after the final adjournment of the Legis lature.
 | The Governor having set yesterday fol | the hearing of arguments on the petition
 and briefs. strong delegations from botF Enterprise and Elba were present. The
 attorneys from both towns made argu
 ments. After hearing both sides. the Governor announced that he would pro
 ceed under the law and go into the proof | upon the sufficieney of the petition. i The representatives of Elba asked that they be given several days time to pre- | pare proofs. To this the Enterprise at. l torneys objected. The Governor finally announced that all proofs should be sub
 mitted by midnight last night.
 Both sides retired aId prepared afh.
 davits bearing upon the legal qualifica- l tions of the voters, who signed the peti. | ton. The most important affidavits were
 those signed by the county officials, who
 were familiar with the poll and regis.
 tration lists of Coffee county.
 | The affidavits of the Elba contingent
 were submitted yesterday afternoon al
 5:30 o'clock. and the Enterprise people submitted their proof little later.
 The members of both delegations re | turned to their home last night. | The Governor left yesterday evening for Blount Springs to spend several days
 and early action is not expected.