The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-10-27
WEAVER HAS SOME
FINE CREDENTIALS
No Intimation Yet as TO Gov
errors Choice
OUNCAN'S FRIENDS BUSY
Answer Is Filed In Beale Suit BY At
tOrney GeneraI-Property Valua-
ton In State Shows $14,-
54o,71o Increase.
DUNCAN'S FRIENDS BUSY

Montgomery October 26.-(Special)-
While nothing is given out at the gov
elnor's office concerning the prospective
successor of Judge Samuel E. Greene
of the criminal court of Jefferson county
1t is a matter of common information that
S. l.. Weaver has a set of credentials
that will be mighty hard to overlook.
Farther than to say that he would make
the appointment shortly after Judge
Greene resigned. the governor will not
discuss the case.
Much interest has also been aroused
over the Frank Duncan case and the
possibility of his lawyer and friends COM
ing down to the governor with a largely
signed petition for a stay of execution
Unless it is in the same term the judge
of the lower court has no authority to
stay the sentence for hanging on Novem-
Der %. In that case there would be no
chance for a reprieve save on the action
of the governor Any appeal from the
action of the court in the recent identity
proceedings could be brought to the SUI
preme court on the merits of the points
raised. but this action would not stay
the sentence already imposed for Novem-
Der %.
A precendent of this kind was made
by Governor Jelks. A negro was sentenc-
ed by the court at Opelika to be hanged.
After eXhausting every avenue of hope
otherwise his lawyer sued out habeas
corpus proceedings on the ground that
he was a negro and there were no ne
groes on the Jury which tried him. OF
course he was denied any stay by the
lower court and before the case could
be considered in the supreme court the
execution day came around and his neck
was broken.
Answer TO BeaIe Suit.
Answer has been made to the suit filed
September 2S, by Jesse ID. Beale, in the
city court of equity seeking to restrain
the state department of archives and his
tory from USING 500 expense appropria
ton said to have been revoked by the
general appropriations bill. The bill was
directed to the director OF the department
Thomas M. owen the auditor who passed
on the account and the treasurer, who
paid 1t. The bill establishing the depart
ment allowed 500 for expenses, and later
the general appropriations bills gave an
additional $500 for the same cause. Mr..
Beale, who says he is a citizen and tax
payer, denies the right of the department
to both amounts. arguing that the latter
included the former. The answer denies
that Mr.. Beale is a citizen and tax pay
err having no property In the state. The
tenor of the answer is to show that the
last appropriation was in addition to the
first. and that the department is clearly
entitled to it, The papers are filed by At
toreny-General Massey Wilson for the
department. The cause is asked to be
dismissed with costs on the complaint
ant.
Increased Valuations.
The total property valuation OF the
state has increased for the present year
over last $l454O, 10, the figures being,
1904 1928, 1865. TO; 1903 $685. $4,000. The real
estate is valued at $1s9.51SOO7. Personal
property, Sl33,647, 709 The total state tax
may be arrived at by figuring 65 cents on
the $780,
After examination by Justices Sharpe,
Dowdell and Haralson the following
voung LAWYERS have been allowed practice
authority: S. E. MeGlathery Mobile; j.
f. Matthews. Admission; j. II. Walker,