The Birmingham age-herald., 1904-10-01
HITCH COMES UP
 IN BOARDS PLANS
Owners of Lands Wanted for
 Capitol Make Kick
TALK OF STATE MILITIA
Some Military Men In Montgomery Are of opinion That Captain Ken nedy Will Have op-
 position.

l Montgomery, September 3O.-(Speeial)- 1 The matter of acquiring lands desired for 1 the improv1ment of the state capitol had a little set back today when Judge Cas- | ton of the probate court of Montgomery county was confronted with the proposi- l tion that proceedings to this end had not been properly fled This action was | by the attorneys for the land holders. The attorney general made application to the probate court several days ago, asking that the lands adjacent to the capitol be condemned for the use of the state, with view of using said lands in enlarging the buildings of the state. To- day it was expected that Q jury to set tie the matter would be named, but the attorneys for the land owners made the point that the action of the capitol com mission wss not full enough in that it is simply an order to the attorney gen. eral to proceed to have the lands con- demned, the contention being that the or should have shown that it was the opin- ion of the capitol commission that the said lands were needed for the improve ments contemplated The point being new to him Judge Gaston tooz the mat ter under advisement. He will announce his decision tomorrow.
 Military Talk.
 Military men, including the acting gov ernor, have little to say concerning the sensational publications concerning the actions of former Lieutenant Colonel Frank P. Mcconnell of the Third regi- mapf Alabama National ord tubn ic reported to have resigned his military po- sition and his post as cashier of Talla- dega bank, and left the state
 When asked about it this morning. act ing Governor Cunningham said no charges had been filed against Colonel Mcconnell that he knew of, and the same thing was said by Gen. K. r. LIgon one of the members of the state military board at the capitol An attache of the National guard of minor station said however, that he had heard reports that something out of the ordinary was being done by the gentleman in question, but had not thought enough of it to talk about 1t.
 Ledbetter Mentioned.
 Though the Birmingham officers of the Third regiment have endorsed Capt H. B. Kennedy of that place for the vacancy caused by the resignation of Lieutenant Colonel Mcconnell it Is by no means cer- tain that he will have a walk over for the place. In fact, 1t has been said that Maj. c. L. Ledbetter, retired, of Birming- ham, has a good show for the place if he will allow the use of his name.
 A man high In the ranks of the Ma tional guard thinks he VIII be chosen if he asks for or will accept it. It is quite likely, however, that he has agreed with the Birmingham contingent to support Captain Kennedy who is fine officer and has a good record.
 Governor to Speak.
 Acting Governor Cunningham left this afternoon for Lafayette to make speech tomorrow. He will go to Marshall county next Monday to talk in the in- terest of special taxes for school pur- poses. and will discuss the same subject at Decatur on October 5. He is very much interested in the matter of schools, and Is lending himself wherever he can to the betterment of the states system. State Superintendent Hill Is spending much of his time in the field, too.