The Birmingham age-herald., 1904-11-18
ELECTION RETURNS ARE ABOUT ALL IN Writ of Error Denied in Dun.
 can Case DISPENSARY CASE IS UP Fate of the System Seems to Be In the Hands of the Supreme Court.
 Other Montgomery
 News.
 
DISPENSARY CASE IS UP

Montgomery, November 17-(special)- Returns of the November election are in save from the counties of Baldwin, Chiffon, Cuilman. Perry, St. Clair and Wilcox. These will very likely arrive by tomorrow noon Additional notice was sent to each of them today by telegraph and they will very likely hurry them up. In the congressional districts from which full returns have been received. the following vote is shown:
 Fifth District--J. T. Hehin, democrat, 1e.1O5; B. W. Walker. republiean-populist. sO95; Hehins majority, 7olO.
 sixth-J. H. Bankhead, democrat SS73; Crumpton, republican, 2nS; Bankheads majority, s155.
 Eighth-Wi.liam Richardson, democrat, 9S9S; Roberts, epublcan-populist, 1S46; Richardson's majority, S052.
 The new members of the supreme court | will be installed after the governors | proclamation is issued declaring the re- suit of the state election. Until that time the court will be as it is now, with the old members.
 Hon. J. Colvin Wood, democratic nom- inee and elected probate judge of Lowndes county, filed his bond with the secretary of state today and his com mission was issued him. Judge Wood is the same official who was served with impeachment papers some months ago and against whom proceedings were filed before the supreme court, looking to putting him out of office. He resigned l. the short time he had of the old term to save trial and has now been elected for the full term of six years.
 Duncan Petition Denied.
 The supreme court today denied the pe- tition of ex parte Frank Duncan of Jeffer- son county for writ of error, because there was filed with the papers no tram script of the record of the Jefferson coun- ty court. Duncan, who is under sentence of death, November 25 being the day set for his execution for the killing of Birmingham policeman. He made the plea before the criminal court of Jeffer- son county that certain errors had been made and he seeks a stay of sentence and new trial as a result of these short comings alleged to exist, and also by reason of failure to have his case prop erly looked into when he escaped. The procedure seems to be now for the at torneys of Duncan to file another case, with the missing record, which will no doubt be done.
 Railroad Commissioners.
 The National Association of Railroad Commissioners came to the city this af- ternoon in special trains from Birming ham, and were shown every courtesy by the state officials and other citizens of Montgomery. They were escorted to the capitol and a session held in the hall of the house of representatives that was simply for a good time and to allow Acting Governor Cunningham to tell them how glad he was to have them in the state and that he hoped they would have the best time of their lives. The ladies were especially charmed with the sights around the old capitol and enjoyed the whole programme very much.
 Flat Top Mines.
 In a report on | lat Top mines made to the governor by J. M Gray, state mine inspector, the following occurs
 ventilation good, the mines are In good fix, such as the headings and drain age is good, and every other thing around inside Is in good condition for the
 
 ners, forty inside and fifteen outside day men. It has 35,O00 cubic feet of air at the inlet and 33,00O at the outlet. It has a fan ventilation. The men are convicts, l state and county.
 | J. w. Mabry of Selma. was this after | noon given appointment by the governor to his third term as judge of the city court of Dallas county. He is one of | the best known judges of Alabama. He 1,,I1 fo nf ffaa1a al because of recent illness. l J. T. Nunnalee has been appointed reg | istrar of Pike county. to succeed c. T.. | Spradlin, who has been elected tax asses | sor.
 Supreme Court. The supreme court has adjourned until | next Monday when the fifth division | will be called. This is composed of the | counties of Chambers Chiffon, Coosa, | Fillmore, Lee, Macon. Russell and Talla- | poosa.
 Probate Judge s. J. Gay of Clay coun- | ty, was in the city today. ! Judge J. T. Cook, chief clerk of the office of state auditor, left this afternoon for Florence to visit his son. pr. J. T | Cook, Jr. He was accompanied by Mrs | Cook and they will remain a week. l Several gentlemen were here today in | the interest of the candidacy of J. M | Jenkins applying for appointment as sheriff of Geneva county. Among them | were c. D. Carmichael and w. o. Null | key of Geneva. ". H. Holloway of Gen | eva Is also a candidate for the position and saw the governor today. After the Central of Georgia. | A friendly suit has been filed in the city court of Montgomery seeking to de- termine the question of whether the Cen | tral of Georgia railroad s liable for a license for operating a sleeping car ser vice. On all the other roads sleeping ears | are operated by companies other than that controlling the road, but the Central runs | It's own sleepers. The lie ase is s125O ana | the money has been deposited with th' state treasurer to await the litigation If the case goes against the road thu state will keep the money If the othei way it goes back The railroad company holds that its authority as a common | carrier in the state gives 1t the right tt operate the sleepers. but put up th' money with the understanding that thu attorney general would file the friendly suit to finally settle the case.
 Fate of Dispensary.
 The fate of the dispensary system. SC