The Birmingham age-herald., 1904-09-18
Death of Judge Hubbard Mud-
 dies Situation in Pike
WESTBR00K IS RELEASED
Man Owes Note of $14o and Had s2o4a In His Pocket When Arrested. Other Montgomery
 News.

Anything that may have been done by the Pike county circuit court today is, good lawyers say, null and void Special Judge II. A Pearee, wno has Leen holding the court, was appointed to the work of Judge Hubbard who died last night. The special judge held court by reason of the fact that Judge Hubbard was i'll, and authority for his service is contained in the incumbency of Judge Hubbard but his inability to perform the duties When he died last night the right of any oth- CT man to hold in his place was abrogated. It became necessary then to have a per manent appointment if there was to be any court at all.
 Judge J. P. Hubbard became too i'll to hold the courts of circuit some weeks ago and the governor appointed Judge Pearee to look after the business in Pike coun- ty. He has held two weeks, including to- day. What he did today, however is re- garded as void, because the man for whom he was serving died last night The governor did not make an appointment today out of respect to Judge Hubbard's memory. He will appoint Judge Pearce, though, who is the nominee of the dem ocrats for the position.
 Pardoned Floyd.
 The governor has pardoned Walter Floyd convicted in Lee county In May last of vagrancy, and given ninety days, with 115 days for costs. On the papers the governor makes the following endorse ment:
 "The judge and solicitor recommend pardon and parole. saying, the testimony in the case tended to show that ths boy suffered with rheumatism and was unable to do any manual labor, and we are n- formed that his health is not good Therefore let parole issue conditioned up- on good conduct"
 Westberry Released.
 J. w. Westberry, the man arrested here Tuesday night by request of the sheriff of Tatnall county, Ga, was released on yes terday, no adequate showing for his ar rest being made. He left at once for Sa- vannah and says he will go to Hagan. from which place his apprehension was ordered, and bring suit against those who his humiliation here Westberry was placed in jail here as soon as arrest ed. Later W. G. Warnel and pr. c. Smith came from Hagan and tried to get Aliii lO SO Ddth NiNH lutils ilt ItlHStu dHQ they returned home, having failed to pro- vide requisition papers. Yesterday the local officials let the accused man out, it that he was beng persecuted more than prosecuted.
 Westberry says he owes a note of $40 to the bank at Hagan, which natures in December, on which the interest for the whole time has been paid He left a note payable to him, due in October with in- IA his paper if it was met when due He says the efforts from Hagan are to have him pay that note now, which he will not do He also said certain men of the town were trying to get money from him. He had when arrested here $2043 on his per son, which was returned to him when re- leased.
 Cheerful MT. Scott.
 Referee Charles Scott, one of the Presi- dents men in Alabama; J. O. Thompson of Birmingham, being the other, gives it out today that the republicans are going to carry two congressional districts in Alabama this fall, ano make a great showing all along the line.
 One of the victims which he expects to be impaled is John Burnett. who now holds the certificate in the Seventh. and the other J. Thomas Hefin. who has just stepped into the shoes of the late la Charles w. Thomson as the gen. tleman from the Fifth Alabama" The of MT. Scott Is to pe.remarked upon.
 The Seventh is a laboring mans district largely, possessing a large share of ter ritory that is controlled by the industrial while MT. IIefiin represents an all country district, with no factory inter- ests to speak of. Crowding back a smile Mir Scott told how serious the matter is and how perhaps others were going to find themselves run away from their happy official homes.
 Todd Turned Down.
 From evidence adduced at the trial of J. l.. Todd, a negro teacher of Bullock county, yesterday State Superintendent of Education l. W. Hill has revoked the second grade certificate held by the ac- cused, which was good until 1907. He was also notified that he would not he allowed to apply for another certificate. This is the second such action taken by the superintendent within the past few weeks, the other man losing his authority to teach being A. G. Davis. negro of In each case MT. Hill acted in compliance with the laws of the state which allows him great latitude in the matter of judgment.
 For a great many years 1t has been the practice of some interruptions ne- groes, and occasionally a white man, to secure ahead of time the lists of questions which will be propounded at the exami- nations of teachers by the county super intendents, and sell them to those who desire to take the examinations, but are not able to meet the mental requirements Todd Is charged with this offense, and while the trial justice did not see fit to hold him to the grandjury. the superin- tendent considered that there was evi- dence enough of wrong doing to cut him off the list of teachers. Consequently Todd is deprived of his authority to teach in Alabama, as well as barred from talk ing future examinations.
 Backed By the Law.
 The last legislature gave the state super intendent a great deal of help along this line. In Section IA of the school examn- aton laws, it is stipulated, That any person who purloins, buys, steals, sells, receives, gives or offers to buy, give or sell any examination papers or copies thereof before the date of the examina- tion for which they have been prepared shall be guilty of a misdemeanor and up- on conviction thereof shali be fined not less than s100. and may also be sentenced to hard labor for the county for not less than six months
 Section IS of the same law says: "rhe superintendent of education shall have the power. and 1t Is hereby made his duty to revoke the certificate of any teacher who shall be guilty of immoral conduct,