The Birmingham age-herald., 1904-09-08
IS ARRESTED FOR
 CLEVER FORGERY Harry M Smith Claims He is
 from Decatur RULING ON TEXT BOOKS Attorney General Maintains That Where Writing Is Taught the Reg uIation Copy Book Must
 Be Used.
RULING ON TEXT BOOKS
BY HERvEv WILLARD.

BY HEHVEr w. LAlhD.
 Montgomery. September 7.-(speciaL)- Harry M. Smith, who confesses to having wrongfully signed money order at Sul- livan, Ind, drawn to H. Nelson Smith. a travellng man of Indianapolis, as in the county jail, awaiting an order to have him returned to Indianapolis, tomorrow. The arrest was made by Policemen Payne and Jackson, at the request of Postof- fee Inspector R. M. c. Hosford of In- danapolis, who followed Smith from h. eana to Alabama. The accused says he will offer no opposition to returning to the state of the alleged offense.
 The story is that Smith was iii SullivaE, Ind. on June Il. last He was registered as Harry M. Smith at a hotel, at which H. Nelson Smith, a traveling man from Indianapolis was also guest. The pris- oner went to the postoffice and gof u number of letters according to a story told by himself to the officers here this afternoon, and among them was one con taining money order for SIS. This he took to merchant named w. E. Wood whom he knew with the request that he cash it. The favor was extended and Smith left town. The matter was then re- ported to the postoffice department
 Story of the Chase.
 Inspector Hosford was put on the case with nothing to work from but the cash Cd money order He went to the hotels and discovered the names of the two smiths so nearly alike. and from that gathered that Harry M. Smith had as- sumed the authority to cash the paper of H. Nelson smith. The trail was taken up rom that and Harry M. Smith traced through Indiana, Kentucky, Tennessee and Alabama. His mother and his wife were located at Decatur. and a close watch kept on their mail At last it was found That he was in Birmingham. ana then that he had come on to Mont gomery a week ago.
 Inspector Hosford arrived here at Il o'clock today and discovered that his man was in the employ Of the West Elec- tric company, and within two hours after ne reached the city had him in the hands of the officers
 Smith was taken before United States Commissioner l.. H. Dawson, where he waived examination and expressed will lnspess to go back to. Indiana at once. Bond was fixed at 5000, which he testified that he was not able to make, and pend ing an order from Judge Thomas G. Jones of the United States court, author- izing his removal to the state of the al- legged offense, he was sent to the county jail. deputy from the court of Judge Jones will be assigned the duty of taking him back
 Story of Forgery.
 In statement made to the court Smith a dr1nft ttad bot l.. At. A to the order He said he asked for the mail at Sullivan and receiving a bundle of letters for H. N. Smith he discovered the order inside one of them, which he took to Merchant Woods and had 1t cashed
 The prisoner is about 30 years of age, and says he is native of Gadsden, and that his home is in Decatur. The officers who captured him express the belief that he never was resident of Alabama, and that he never came to the state until he was making his way from the scene of his alleged crime. He refused to talk to the newspaper man, saying he did not want to be questioned by them. He seemed in bad humor over the turn of affairs and would have little to say.
 Must Use Text Book.
 The attorney general has ruled that the schools must use those text books indi- cated by the text book commission. The test came up on ruling as to copy books. It was thoughth that any book might be, used in blank, or that writing could be taught by a teacher using the black boards without using the text, or copy book contracted for. The text book com mission, with one dissenting vote ruled that such could be done. The attorney general rules, however, that if writing is fott tehf o+ oil h1 I.r4 4Io books designated in contracts made.
 The full text of the opinion rendered at request of the state superintendent of education follows;
 Montgomery September T. Hon. I. w. Hill, Superintendent of Edu- cation, Capitol
 Dear Sir: Your request for an opin- ion as to the proper construction, in the particular hereinafter indicated, of the recent act of the legislature. providing for the creation of text book commits sion. and to procure for use in the public free schools in this state, uniform se- ries of text books, has been received.
 "The facts upon which information is desired are as follows: Under this act the text book commission selected and adopted for use in the public schools, a copy book published by Eaton & Co.,, and the contract was awarded to that firm to furnish these copy books Tor use In the public schools of this state, for period of five years.
 ''The text book commission, in constru- ing this act has held that 1t was per- missible to teach writing in the public schools of Alabama, without copy books, and in some of the public schools writ ing has been taught and Is being taught without using the copy books, selected and adopted by the text book commis- sion. The question for consideration Is. can it be left to the discretion of school boards, or teachers, to decline to use any text book selected and adopted by the text book commission, and teach such branch of study by some other method, and without the use of such text books so selected and adopted.
 Tt is declared in sections l, l6 and IT of the act: That the governor, state su- perintendent of education, and three emil nent teachers of the state .. shall be and are hereby constituted the school book commission of the state of Alabama, whose duty 1t is to select and adopt a uniform series or system of text books for use in the public schools of this state. Said commission Is hereby authorized,
 When prorni-