The Birmingham age-herald., 1904-07-24

He will take charge at once and serve un- til the elections in November say who is to be his successor, the gentleman then chosen loser six years.
 The vacancy in Lowndes was caused by the resignation of J. Colvin Wood, who had been called to face charges of at tempting to secure votes in the April pri- mary in an illegal way and not taking proper care of his duties. Impeachment proceedings had been instituted and July IS set by the supreme court to begin on the evidence, when, few days before, Judge Wood resigned.
 This was regarded as a very smooth move on his part, as it relieved him of the necessity of making a defense of the charges preferred. the resignation abat ing the charges. He is the nominee for the whole term beginning next fall and lasting six years, and he could very well drop out and rest the little time before he is again called to service.
 Judge Wod cannot be tried for any thing done during the present term, un- less in the remote possibility of criminal charges, and he will begin his new term with a clean sheet. It is going pretty hard with some of the democrats who voted in the primary and do not like the judge, to have to vote for him. One old democratic war horse said last week. Its pretty hard. but I am going to do it. And I am going to advise others to da so. The maintenance of party organi- Zation is worth too much with us ito take any chances
 Governor Explains.
 Concerning the appointment of Doug lass, Acting Governor Cunningham says:
 Tn the vacancy in the office of judge of probate of Lowndes county, there have rc ,f.,t-a fe.fV erally known that the vacancy occurred through the resignation of the judge of probate, at which time there were inn peachment proceedings pending before the supreme court.
 "The first point Is, has the governor the right to reject a resignation of an officer when impeachment proceedings are pend ing. The law in the matter Is that the governor has no jurisdiction whatever in this matter; he cannot accept or reject, so far as he is concerned; in fact, he has nothing to do with that feature of the case.
 ''In filling the vacancy. under these circumstances. very important questions naturally arise. No decision being hand ed down by the court 1t naturally fol- lows that the controversy would be re- newed before the appointing power. The governor. in such case. felt he ought not
 
 make an appointment based upon either the guilt or innocence of the defendant in the impeachment proceedings It there- fore followed. were he to appoint any one to the vacancy who was actively or off cially identified with either the defendant or the relators in the impeachment pro- ceedings. that the appointment would nec- essarly be something in the nature of vindication of the side supporting the ap pOtF The goVarpor xyaa pot dfapOqed tO make precent indicating a policy to be followed in such cases and that would give color to the right of the contest ants in such a controversy. either by the resignation of the defendant or by the agreement of the relators, thereby stop ping impeachment proceedings and ap- pealng to the appointing power. It was thought advisable to find a man. If possi- be not recommended or endorsed by either side, but possessing the necessary qualifications s-nd about whose good character there was universal agreement. Such a man was found in MT. Archie Douglass the clerk of the circuit court of Lowndes county. No one suggested him for this office, nor was he an applicant, and nothing has been charged against him. His selection, therefore, is the gov ernor's own selection and the governor did not know then and does not know now whom he supported for the nomination  for judge of probate of Lowndes county
 This explanation Is due those gentle men whose names were presented for the appointment especially to MT. Easterly. who presented a petition of 713 names. 1G out of 21 executive committeeman. all or nearly all of the county officers of Lowndes county and the bar at Hayne- vile. To fall to act in accordance with such an endorsement as that requires an explanation"
 Fire investigation.
 There Is likelihood of something den- nite coming out of the investigation of the big fire of two weeks ago, which de- stroyed the plant of the Alabama Rift; Flooring company. three miles out. Short ly after the confiagration State Insur- ance Commissioner F. R. McDavid order ed Sheriff Waller to hold an investigation. A iury was summoned and evidence taken.