The Birmingham age-herald., 1905-10-13
BERNEY STRICKEN
 WITH PARALYSIS
Has Been for Many Years Closely Identified With the Banking In-
 terests of the State.

Montgomery, October 12.-(Special) j. William Berney, president of the Ameri- car National bank, was stricken with par alysis while sitting in his office at S:30 o'clock this morning.
 As was his custom, MT. Berney came to the bank early today in apparently the best of health. While looking over a batch of papers. an employe of the bank saw the change that suddenly come over his face and hurried to his side.
 MT. Berney was carried at once to his home on South McDonough street and medical aid summoned.
 At o'clock this afternoon his attend- ing physician gave out the report that MT. Berney's condition was critical.
 William Berney is one of the best known and most highly esteemed bankers that the state of Alabama has ever known.
 For the past forty years his life has been interwoven with the banking inter- ests of Birmingham and Montgomery.
 The announcement, which this message carries with it, will carry sorrow to many hearts in every nook and corner of his native state.
 MT Berney was a gallant Confederate soldier and his old comrades with his thousands of friends among the younger generation can only hope and trust that this exemplary citizen will be spared for many years to come.
 set all the machinery of a regularly or ganized municipality to work.
 This morning 1t was discovered that the town had not been incorporated according to the constitution and laws of the state, and therefore had no legal incorporation. To obviate matters and avoid the compli- cations of an unpleasant and unprofitable contest in the courts the mayor and all other officials promptly announced their resignation, and the word has gone out that the town of Jonesboro as a distinct corporation is no longer in existence.
 But the citizens are not discouraged. The whole operation will be gone over again and the town incorporated accord ing to the strict letter of the law.
 During last August a petition bearing fifty-three names of citizens of Jones' boro asking that an election be called for the incorporation of Jonesboro was filed in the probate judges office at Bir- mingham. The law requires that such pe- tition shall be signed by at least fifty citizens of the town to be incorporated who are freeholders. householders and legal electors. The names on the petition were not closely questioned until the elec- ton had been called In fact, not until after the town had actually gone through the processes of incorporation and town officials had been elected.
 Since the election of the town officials an investigation was begun. and hearing of the charges that some of the signers of the petition were not legal petitioners, Mayor John D. Martin made a personal investigation. He found that there were only forty-nine legal signatures on the petition. and therefore he considered the incorporation illegal and irregular. MT. Martin at once announced the resignation of all officials that had been elected In the town and declared that the incorpora- ton was no more. This announcement, which was made this morning, created quite a surprise in this city as no one had questioned the legality of the process of incorporation.
 The election for the Incorporation of Jonesboro was held on September { and resulted in vote of 45 to 31 in favor of incorporation.
 An election for city officials was held on September 2S and resulted in the elec- ton of John D. Martin for mayor and the following members of the board of al dermen: M. c. Bradley, J. w. Caughlin J. s. Wilson, J. w. Rarden and D. J. Ray
 Martin was opposed by Chambers Mc- Adory for mayor, the result of the e1ec- tion being 43 to 3S in favor of Martin. It will be remembered that at the closing of the polls on the day of the election McAdory claimed the election and was sworn In on the ground that Martin had not paid his taxes and was not a legal elector: therefore. 1t was contended he was not eligible to hold the office MT McAdory however. withdrew next morn ing and allowed Martin. who had also been sworn in. to take charge of the of fee.
 The mayor and board of aldermen had gone so far as to adopt forty or fifty city ordinances and had posted them in conspicuous places in the town, and had elected a clerk and marshal. It is understood that another petition will be presented to the probate judge properly signed. asking for another elec- ton to incorporate the town at an early