The Birmingham age-herald., 1904-12-18
SENN'S DECISION
 AFFECTS BESSEMER CanvasserS Must Certify to
 Votes for Justice H. I. BR0OKING IS DEAD Government Engineers Are Surveying Warrior Coal FieIds-Elks Work Ing Hard on Minstrels-other
 Bessemer News.
H. T. BRo0KlNG IS DEAD

Bessemer, December 17.-(Special.) )-The decision of Judge Charles A. Senn of the Birmingham city court today to the effect that the Jefferson county board of can vassers must certify to the votes cast for K. L. Williams for justice of the peace of Birmingham, has a direct bearing on the inferior court squabble In Bessemer.
 S. J. Tilman, who received several votes In the last general election for jus tice of the peace of the Bessemer beat, has instituted proceedings against the board of canvassers in the same manner that MT. Williams instituted proceedings, the two cases being similar in this in stance.
 The decision of Judge Senn is signin- cant nasmueh as the case testing the constitutionality of the Bessemer inferior court act is now pending in the supreme court. In the event the act is declared unconstitutional, the law providing for the justice of peace courts will be in vogue, and according to the decision to- day MT. Tillman will be the legally elect ed justice of the court.
 The bill establishing the court. was passed by the last legislature. s. J. Tillman, who was formerly justice of the peace entered proceedings in the Brm- ingham court last summer, testing the constitutionality of the bill on the plea that the caption of the bill was not Refm1nE ta lna SVDltfl iihiitIt HE De tition was upheld and the case was then appealed 10 the supreme court where 1t is now pending.
 Antleinatlne that the bill would be de- Jared unconstltutiona, several of Mir Tillmaus friends voted for him for jus tiee of the peace in the general election. The courts were appealed to to compel qhe board of canvassers. who had refused to certify to his election to make the pprpseofv eprtffIration
 Surveying Coal Fields.
 The engineering corps of the geological departmer. of the United States govern mont is making 2 survey of the Warrior coal fields The corps IS now al work at Hogg mines three miles northwest of Be semer The engineers 1t is stated will make a compete survey Of every mine in the Warrior coal fields.
 H. r. Brooking Passes Away.
 H. T. Brooking one of Bessemer's ven- erable and esteemed citizens, died this morning at :35 o'clock at the home of his son-fn-law, J. J. Haynes, after short Illness with acute dysentery.
 Mir Brooling was taken violently ill yesterday morning, growing steadily worse until the end came at an early hour this morning.
 He served through the civil war as Confederate soldier with much honor and was compelled to have one of his legs amputated from the effects of wound received during the war.
 The deceased is survived by three sis ters, one brother and one daughter Mrs Hayes of this city.
 The funeral will take place tomorrow morning at 10 o'clock from the late resi- denee, the Rev. D. P. Taylor conducting the service The interment will be at Cedar Hill cemetery.
 Business Changes Hands.
 Fulton Bros of this city and c. W. Harrison of Eutaw have purchased the entire stock of drugs of Walter L. Rush on Nineteenth street. The new owners will take charge of the business at once. MT. Rush retires from active business on account of i'll health
 Elks' Minstrels.
 Public interest is centered in the Elks' charity minstrels, which will take place at Library hall, Monday and Tuesday nights The jolly Elks have prepared an excellent programme. consisting of catchy songs and jokes, most of which have local hits.
 Over twenty-five people of Bessemer and Birmingham will take part in the minstrels. A large number of the seats have been sold for both performances and the management expects to dis pose of all the seats by Monday night.