The Birmingham age-herald., 1904-09-09
HAS CALLED FOR REPORTS
Attorney General Renders Opinion In Connection With Advertising the Meetings of Res sistrars-other
 News From Montgomery.

l state can control In bringing about the severest punishment of those who are ad- judged guilty of taking part in this out rage upon the laws of u state l He suggested to Judge Speake that he hold a special term the grand jury and do everything possible to investigate the trouble. and Judge Speake telephoned this afternoon that he would call special term He has also written the sheriff and the captain of the militia on duty for reports of what they did to prevent the crime and what steps have been taken to secure evidence against the guilty.
 The first intlmation of probable trouble came to the governor yesterday after office of the Montgomery Journal. At 6S0 this was confirmed by a message over the long distance phone from Hon. Paul W. Speake, judge of the sixteenth circuit, who was on the ground and doing everything possible to protect the negro. Judge Speake told the governor that he anticipated trouble but had ordered a special term of the grand jury and would have the negro tried anu sentenced st once. He had told this to the crowd and 1t seemed to have some effect toward quieting them.
 The governor then called LID Sheriff Ro0ers and instructed hill to protect the prisoner at all hazards, at the same time authorizing him to call out the local mil itary As soon IS he was through with the Huntsville conversation the governor called up Major John D. Elliott of Bir- m ad get4er as many members of the national guard as possible and proceed to Hunts vile at once, using the first train out In short time Major Elliott reported that he had left on the regular train Louisville and Nashville, No. 4, with thirty-fve men. This force did not get to the seat of trouble, however, until after the lynchins.
 In his letter to Judge Speake the gov errOr points out that in his opinion a special term of the grand jury should be held and everything possible done to discover who composed the mob. He called attention to the fact however, that the judge was sole authority in the mat ter and could use his best judgment in | calling or not calling such special term.
 Letter to Sheriff. Private Secretary J. Kirk Jackson for
 
 Rogers, as follows:
 My Dear Sir-As provided by section 121 of the constitution, the governor here by requires of you a statement in writing, under oath of all the facts in connection with the lynching last night of Horace Naples, a prisone~ who had been com mitted to your ct dy.
 "The governor desires to know all the steps you took to prevent this lynchng, ylxrf afr oI, the names of such persons as you recog- nized who were guilty of or participated in the lynching.
 He asks for this information at your earliest possible convenience, and I am"
 Captain Hay Called On.
 In the letter to Captain R. l.. Hays, commanding Company r, Alabama Ma tional Guard, MT. Jackson says:
 My Dear Sir-The governor directs that you report to him at once under oath what action was taken by you and your command looking to the preventing of the lynching last night of Horace Naples, prisoner in the jail at Huntsville.
 "The governor particularly desires that you inform him how many men were in your command, how many you directed to report for duty, and if any of them noti- fled to reportfailed to do so, to give him | their names."
 Governor Says Little. When seen in his office thls morning Acting Governor Cunningham had noth- ing to give out himself directing the newspaper men to his private secretary MT. J. Kirk Jackson, for Information re- garding action taken and the history Of | the executives knowledge of the case be- ginning at the time of his first notifica- tion yesterday. He said he taken every action allowed him by the law and could only await reports, which he hoped to have In a few days. He greatly depIored | the tragedy, and considered 1t very un fortunate for the state, besides reflect ing on the citizenship of thise men of Madison county, who thus openly put l themselves in the class of defyers of the law.
 Matter of Advertising. The secretary of state has ruled that registrars of counties have no right to l advertise in the newspapers other than | those meetings at which voters are reg | istered Advertisements of sessions to purge the rolls will not be paid for out of | the state funds.
 Some registrars have sent Tn bills for advertising meetings to purge the lists | This Is manifestly an error for the reason that every man whose name Is to be left off Is notified by the sheriff some time ahead, according to statutory provision.
 The Standard Coal company of Birming- ham has filed notice of incorporation with | the secretary of state. The capital stock Is sl50O0. and incorporators w. J. Francis, C. R. Atkins and E. B. Lentz.
 Minor Capital Notes. l The following new corporation has been organized in the state, and notice filed with the secretary of state: Enterprise Telephone company, Enterprise, Ala :; capital $5000; incorporators. J. E. Tender son. Walden Thompson. T. b. L. Ed wards Nick Thompson. Local and long | distance phones are to be operated | k. s. Collier has been appointed a mo- | tary public and justice of the peace at | Opelika.
 Registrar Advertisement. | The attorney general has ruled, in an | opinion furnished the secretary of state Hon. F. R. McDavid, that when a county bas only one paper, and that of limited | circulation, the notice of meetings of county registrars may be printed in more | than one paper, this being regarded as | necessary to aageneral distribution of the 1 information. Pending the opinion the sec l ietary of state has held up the payments of all advertising bills where more than | one paper In a county has been used l Now, however. the bills will be paid at once, checks being mailed within the next | few days.
 The full text of the opinion is as fol- i lows:
 Publication of notice by registrars. Hon. E. R. McDavid, Secretary of State.
 Dear Sir--I have your favor of the