The Birmingham age-herald., 1904-09-30
Tn 2htion.


 Tho htion.
 The contentio Ase seeking to out law the Lusk bi 4 lis that the measure was not legally Aaced on the statute books It was sGown that the first bill in the house. fathered by the Hon. John A. Lusk. of Marshall county, went to the sena se and was referred to the tudIe- iary committee of .4ldt body. This com mittee reported a substitute which was largely amended by the senate, and sent back to the h Ise.
 When received by t.e house the bill was found to have been so generously carved up that the members of that body refused to accept. and, as a consequence, the Dill was referred to joint committee on conference of the two houses.
 This committee met at once In the cloak room of the senate. MT. Lusk, who was one of the conferees. made a speech to the committee urging them to consider the bill on it's merits and not charge up whatsoever may be felt against him to the measure. The committee finally decided that the amendments of the senate es- tablishing an Eighteenth circuit and re- moving Lawrence county from one cir cult to another, should be receded from, but made no reference to other charges
 The contention made before the court today was that the failure to suggest ac- tion on other than these two amendments operated to invalidate the law.
 The Other Argument.
 The other side argued that the report Of the conference comi..iLtee did not antic- ipate other charges O. the senate meas ure, and the adoption of the report car ried the passage of the law as presented by the committee.
 It is expected that .le court will have reached decision and adjourn the special term by the end of the week. It is also pretty well established that no other case save the one already discussed will be considered at the special term.
 No Other Cases.
 It was determined late yesterday that the case questioning the validity of the bill creating the fifteenth circuit would not be submitted until the regular ses- sion in November. There seemed no hurry so the matter was allowed to go over. It Is also fact that the Four teenth circuit bill will hardly be taken up, though Judge James J. Ray of Jasper, presiding judge, and John H. Bankhead, Jr., author of the bill, came over to look after it's interests. MT. Bankhead Is quite sure the law will stand every test of the court. If he Is correct the PA oSpttto Ol d Spttidi btSSioli Ol tue leB- islature grow comfortably less. Acting Governor Cunningham has been more fearful of the Walker county situation than any other in the event the Lusk bill is decided unconstitutional
 Distribution of Funds.
 Attorney General Wilson has ruled that funds raised by the levy of a special tax for the support of public schools under the act approved October 1, 1903, should be apportioned in substantially the same way as the general school fund is apportioned. that Is to the districts in the county which are not governed by the general school law in the proportion which the school population of such districts bears to the entire school population of the county, and that the remainder of the funds should be apportioned to the sever al districts in the county which are governed by the general law in the same proportion that the general fund has been apportioned by the county board of education to such districts"
 The opinion was rendered by request of the state superintendent of education. the Hon. l. w. Hill.
 History .' Battery.
 The state department of archives and history has received a carefully compiled history of the Semples-G Goedthwait bat tery. Alabama volunteer artillery, c. S. A. It was compiled by Samuel Wilder of Montgomery. one of the privates. II shows a roll of the members and that l first or last there were over 200 of them Thomas F. Mckay has been elected captain of Company B, First infantry A. N. G., at Mobile he succeeding J. N Harrison, removed to Birmingham.