The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-12-10

.,..v.i,o John Savage of Warrior with
a. effenea of selling liquor without due
a,,t,,oritv It is alleged that the affidavit
was made BY c. f. Fano before the same
alleged tribunal; that he was arrested on
November and gave bond for trial De-
cen,ber 3. before the Hon. S. L. Weaver
purporting to be judge OF the criminal
court of Jefferson county.
II Is further averred that the bill ere
ating the consolidated court of Jeffer-
son county went into effect November
. 1ooA nv order of the legislature and
that II repealed the criminal court of
Taffarson county which was established
I,ahrnarx IL. 1887. The supreme court is
aslsad IN issue a rule nisi to the Judges
~ the said criminal court of jefferson
county. ID A. Greene and 5. L. Weaver
and command them to appear and show
cause whv they exercise the authority
~ indeas and why they Should not be
restrained from exercising such authori-
ty: also. upon final hearing why the
rule should not be made perpetual for
ever restraining the said judges from
holding and administering such positions.
The bill seems to nave no ground in
the world to stand upon. The jefferson
co,,ntv consolidated court bill which was
IN have become effective November 9.
was declared unconstitutional by the su-
nrarne court and being such It surely
NOS imnofent so far as it repealed any
thing or any law. The contention that
the criminal court law was repealed by
the consolidated court law, is not tentable
for the reason that, so far as there is
anv way in the Jurisprudence Of the state,
70 determine the matter, no such law as
the consolidated court bill ever existed.
II Is understood that the move Is an
effort to have the supreme court again
consider the consolidated bill.
No Successor to Rogers.
At a meeting of the acting governor and
the convict board today it was determine
ed TO do away with the position Of mine
superintendent, in charge of the mining
work of the state convict department,
and put the duties on men already occu-
pving other positions. This position was
held by the late W. L. Rogers, and to
his excellent work in the place may be
credited the fact that a successor Is not
needed. Mr.. Rogers took charge of the
mines worked by state conviets when
the plan of working direct was first put
into execution. All the organization and
planning for the new department was
under his care and Acting Governor Cum
ningham paid him the highest praise to-
day, saying InaJ ne was treasure "
the state in the place and did a great
work In developing and organizing the
department. Robert c. Jelks, who has
been purchasing agent for some time,
and T. 8. Page, in charge of the books,
will take over the duties Of management,
with Mr.. Jelks ranking Mr.. Page. The
latter will look after the mines both at
Pratt City and Flat Top. In these two
gentlemen the governor and president
of the convict board have the utmost
confidence.
Capital Notes.
Judge A. II. Aston, supernumerary
Judge, has gone to Marshall county to
hold a special session of the court.
Henry P. Hirshfield has been appointed
coroner of Mobile county Mr., Hirshfleld
was elected on November g. but through
some error did not qualify in time.
The Thermol Medicine company of Bir-
mingham has been incorporated with a
capital of $4,000. J. w. Altman, John May
w r. Sutley, E. Feask, Mrs. A. M. john
son and r. p Wetmore are incorporators.