The Birmingham age-herald., 1905-02-19
.|NCONVEN|ENT
 FOR FELL CITY Mr. TiptOn Says They Are In
 Good Company BATTLE IS NOT YET LOST We'll Known Railroad Man Dies In Montgomery-Was Brother of R.
 c. Hicks, Formerly of
 Birmingham.
BATTLE IS NOT YET LOST

Montgomery, February 1S.-(special)- Concerning the decision of the supreme court in the cases involving the location of court houses at Pell City in St. Clair county. and at Calcis in Shelby county, declaring illegal the ordinances of the constitution authorizing them, MT. Me- Lane Tipton, a leading citizen of Pell City, said today: That the consequences will be grave is very certain, inconven- lent is very sure. expensive Is not to be denied. dangerous to liberty and prop erty not to be unexpected, with relief a long way off"
 It will be remembered that the su- preme court held that the constitution makers had no right to locate court houses in these two places in addition to those already established and which were not to be moved. At Pell City Q court house has been built and jail and court has been held. No buildings have been erected at Calcis.
 Speaking further MT. Tipton said: You must not think the battle is lost. Like Paul Jones. we declare that we have not yet begun to fight, and l ven ture the prediction that St. Clair will have her share of excitement until an extra session or the next regular session of the legislature convenes "A defeat in a good cause is but a resting place on the road to victory
 There is no little comfort in the thought that we are in excellent company in the rapidly filling cemetery of legal dead ones
 Orders to Military.
 The Adjutant General has sent out the following circular to the commands of the Alabama National guards, signed by Will liam w. Brandon, adjutant general;
 General Orders No. 1: A board of sur vey is hereby ordered in each company, battery and troop, on the date of the annual inspection to pass upon and make recommendation of all unserviceable and worn out quartermasters' supplies and military supplies of every character. De- tail for the board: The Adjutant General, Capt. D. w. McIver, first lieutenant of the organization. Company, battery and troop commanders will have unserviceable and all worn out property or whatever kind available for this boards inspection. By command of the Governor
 1ranu Jury Report.
 The grand jury reported today, handing down 12O indictments, most of which were for trivial offenses There were a few indictments of importance, but none were given out. It is understood that the burning of the plant of the Alabama Rift Flooring company some months ago was investigated with the idea that there was incendiarism, but nothing Is made public. At athe time of the fire an inves- tigation was made by the state insurance | commissioner, and the fire jury reported that it was a case for the grand jury to look into. It is shown in the report made today that the county has in the general fund $47,S33; road and bridge fund, $14,- 336; fines and forfeitures $1, 425 There is a bonded debt of $35, 900 coming due in 1907, and one for 5000 due in 1885, and the registers claims against the fine and for feture fund amounts to 2i2O3
 Death of c. c. Hicks.
 The death of Charles c. Hicks. which took place at St. Margaret's hospital at 5 a. m. today, removes one of the best known young railroad men of the south MT. Hicks has been here since last May taking charge of the commercial office of the Seaboard Air Line. By his care to business and good nature he made many friends for not only himself but
  time. and was taken to the hospital a week ago with a spell of the grip. He developed heart trouble and was not able to overcome the ravages of the disease The body was taken from here this af- ternoon to Somerset. Ky for burial ac- companied by MT. J. G. Cantrell assist ant general freight agent of the Seaboard Air Line, who came down from Birmng ham to take charge of the body of his long time friend. MT. Hicks was a brother of MT. R. c. Hicks, for some time agent of the Seaboard Air Line at Bir- mingham.
 Poole Is Pleased.
 Commissioner of Agriculture R. R. Poole thinks that there is everything on earth to encourage the farmers and others who are interested in holding cotton and reducing the acreage to be planted this year. He has heard no intimation that there will be any opposition to the New Orleans movement, and every county in Alabama has been organized. It Is now anticipated that fully 150 delegates will come up to the state meeting next Tues day, and that a state organization will be perfected that will bring about uniform action all over Alabama and result in the cutting down of the crop to such an ex- tent that better conditions will prevail in the price market.
 Case Dismissal.
 Among the cases handed down by the supreme court yesterday was one dismiss ing the appeal in the case of Minerva Walker vs. the State of Alabama, from the circuit court of Madison county, in which the defendant has been tried and convicted for the murder of w. A. Russell. white man, and sentenced to the peni- tentiary for life. The defense appealed on the ground that the court of the defunct Sixteenth circuit had tried the case and that it had been declared unconstitution- al The supreme court dismissed the case because the case was tried before de facto judge and at time good according to the old law, therefore there is no equity in the contention. Capital Notes
 These corporations have been organized and reported to the Secretary of State: Burnwell Coal company, Birmingham. capital s5O,000 with W. J. Francis and others. as incorporators; Carbon Hill Coal company, Carbon Hill. change from S25, ,O00 to $50000.
 These officers have been named: c. E.. Frost Athens. T. H. Parke, Ozark. |.