The Birmingham age-herald., 1904-09-07

bench, asking .tnelr cnolce or tlme Tor holding an extra session, suggesting as his preference September 26.
 The papers in the appeal from the de- cision of Chancellor Carmichael in Br- mingham last Saturday have not yet reached the clerk of the supreme court but no doubt will. The status of the mat ter has been fully discussed in the letter from Colonel John as noted above. It is quite likely the judges will agree to September 20 for the extra session, and that the decision of the court will have been received by the first week in October at the latest
 Terms of Probate Judges.
 The question of the right of judges of probate to hold over from November 3, the date of the expiration of current terms. to such date as they can aual- fly after the general election on Novem- Der s, has been decided in the affirma- tive by Attorney General Massey Will son, in an opinion rendered to the gover- nor today.
 There is no provisions in the laws of the state for any election other than on the Tuesday after the first Monday in No- vember, as a consequence of which the officers whose time expires before that time will hold over until their successors are elected and qualified. The attorney general is also of the opinion that new bonds should be filed to cover any time that may intervene between the expressed date Of expiration and the lap-oyer in con sequence of this opinion. In his opinion the attorney general says:
 l f'T think if pprfectlN clear that the | judges of probate may rightfully hold | until their successors are elected and qualified although their terms as de- fined by law at the time of their cleo tion, will have expired short time be- fore successors can be elected and can qualify. I colated the authorities upon which I base my opinion in q recent com- munication to you relating to the terms of the justices of the peace and 1t is needless to repeat them here It is also clear that the sureties on the bond of
 - would not be answerable for his good conduct after November g. Under the law as it stood at the time of his election, his term would have expired on that date, and his successor must have qualified before that date. Montgomery vs. Hughes, 6 Ala, POL 3, and h. hn. 2O4S; Lane vs. Kolb, 92 Alabama, 636, 1 645-46) Whether or not the recent act requiring new bonds applies to officers whose terms will expire after the time | limit fixed in said act for filing new bonds. or whether it applies in any case to officers whose terms have not been ex- pressly extended is not very clear. Any way the sureties on the bonds of the | judges of probate will be liable for de- | faults up to the 3rd of November, and even if such judges should give new. bonds for the short time that will inter- vene between the expiration of their terms and the qualifications of their suc- cessors, no injury could result, if such bonds were filed at any time before Mo- 1 vember B.
 Justices Go Out.
 1 The attorney general, the Hon. Massey Wilson, has decided that justices of the peace in counties where inferior courts have been established to take over their duties, retire from office at the expira- tion of their terms. He says:
 "The act to establish an inferior civil court in county, provides, in sec ton A. that upon the expiration of the term of office of the justices of peace of - couny, causes pending in the courts of such justices shall be transfer red to the inferior civil court. By the expression, expiration of the term of of- fee, as used In the local act, l think is meant the expiration of the term as fix ed when the Justices were elected. The legislature having provided a court for the transaction of the business former ly done by these justices, I do not think it could be said the legislature meant to continue them in office until the No vember election"
 Party Emblems.
 The party emblems of the democrats, republicans, populsts, socialists and pro- hibitionists of Alabama have been filed with the secretary of state up to this time. The democratic and prohibition documents were filed today
 As already noted in frequent pubica- tions the emblem of the democratic party Is a large rooster over which are the words, White Supremacy" and be- heath, For the Right" The papers were filed by Hon. H. s. D. Mallory, chairman of the democratic state execu- tive committee, in compliance with the election law.
 The prohibition party emblem Is two hatchets with their handles crossed about half way from each end. It was filed by J. B. Albritton of Eunola, chairman of the state executive committee of the Ala bama prohibition party. MT. Albrittor says that this emplem was adopted at a meeting of the executive committee of the party. He goes on to say that the emblem represents the word of God upon which Ills truly chosen people stand. inasmucf as 1t Is two-edged and guards against assault from every direction. The pro- hibition party stands on Gods side ir politics and no Christian can afford to gc l up against the Lord In human devises 1t represents that which has proven de structive to the saloon interests whicf must Garry A Nation
 As before noted the republican em. blem is a small picture of Vulcan, the big iron man, which now represents Ala. bama at the worlds fair. The populs emblem is a coal pick and saw crossed over a blow, the whole encircled with 2 heavy ring. The emblem of the socialist party is small globe showing the west ern hemisphere with two hands claspet across 1t.
 That New Hull Rate.
 The new rate on cotton seed huls or the Western of Alabama, allowed by tn, Alabama railroad commission, at it. meeting yesterday. applies to mileage al together and has no effect on the com petitive rates to points of interest on th lines. There was an unjust compensation for haulage under the old schedule, ac ] cording to General Freight Agent Smitl and the commission agreeing with hin , the relief prayed was granted.
 Only two members of the Alabam; af fan oat ttYat