The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-16

have fled quo warranto proceedings to
have thees commissioners show cause
why they do SO. The lower court has
found that the petitioners are in the right
and hold that the law, which was adopt
ed In 1903 is unconstitutional. The COM
mfssfoners, Robert Newman, B. B. Hayes,
A. C. Espy and ". c. II. Yann, have ap-
pealed to the supreme court and the case
will go before that body when 1t re-
assemblies for the spring term.
Can Make Contract.
Judge Thomas q. Jones of the United
States court issued an order today allow
ing Z. e. Winters, receiver of the Mont
gomerv Traction company. to make a
contract with the Montgomery Baseball
club to play ball this year at Athletic
Park. This is the arrangement made be-
fore the road went into the hands of a
receiver a few weeks ago. and is simply
a ratification of the contract, and means
that there will be no change. Major
Winters says there is no truth in the re-
port that there will be any discussion of
of a transfer of the local franchise, as
it is the property of an Independent as
ISOLATION and there -7ill be no new align
ments soon at least. Maj. R. E. Steiner
of the baseball club says the same thing.
Alabama LumEermen'
A number of Alabama lumber men were
here Tuesday night and organized the
Alabama Lumber club, the purposes of
which are to give each other the benefit
of the information that comes to each
mans hands. Hereafter there will be a
meeting once a month and 1t is hoped that
the conferences will be of great benefit.
Among those who were here were f. H.
Lathrop, President and Manager Smell of
the I.athrop Lumber Co.. John Kaul of
the Kaul Lumber company; w. c. Eel
lows, birmingham: David Marbury, Boze-
man; Roe Mitchell, Bellamy; ]. G. Gam
BILE. Louisville, KY; Il. G. Ensign, Naples
Vile; Tom Miller, Cedar Creek; e. l..
Moore. River Falls; Mr.. Boyd, Richburg;
Mr.. Neal Brewton; w. S. HOLSTER, c.
s. Hinkley and W. Il. Shepherd, Mont
gomery. After this the meeting will be
presided over by a man selected at the
time of gathering and there will be no
officers. c. H. Eddy of Birmingham, is,
however, an exception to the rule, being
elected permanent secretary.
More of That Story.
ting-Governor Cunningham received
a telegram from the st. Louis Post-Dis-
patch this morning asking ii there is any
truth in the report that two convicts are
to be chased by dogs for the entertain
ment of the New York baseball team. rms
was too much. The Governor mas had that
story put up to him several times and Is
very tired Of its being circulated over the
nation. He very promptly wired that the
whole thing is lie and has no founda-
ton In any sort of fact. The truth of the
matter Is that one night last week Arthur
James reported for the New York Mall
who is with the baseball club, sent his
paner n story to the effect that on Sun
day last dogs were to be secured, If pos
sible from the state convict farm and the
services of a negro secured to run pc
fore them to give the visitors an idea OF
how prisoners are caught when they es-
cape
How It Wac Suggested.
The suggestion for the diversion came
this way: The boys with the ball club
and the players were in the office OF
the governor ono day, having been intro
duced to the executive by Bozeman Bull
ger, an Alabama boy on the New YORK
Evening World A white man rushed In
and announced that negro had shot Q
man and asked for the loan of the dogs
at the convict farm to chase him. The
governor, in the absence of the president
of the convict board, said all right. The
incident created a great deal of excite
ment. From this small mention made by
James the story was padded up In sew
eral papers, and soon spread over tn,
country. Mr.. James is exceedingly sorry
He has received cordial treatment down
here and he regrets exceedingly that he
has been the innocent cause Of annoy
anc6.