The Birmingham age-herald., 1905-03-04
WANT PREPARING
 IN COURT CASES Governors Right to Float Re- funding Bonds Questioned FARMERS MEET AT 0PELIKA President Jordan Makes an Address. Steps Are Being Taken for Proper
 Reception for Confederate
 Battle Flags.
FARMERS MEET AT 0PELlKA
BY HERvEY w. LAIRD.

Montgomery, March 3.-(Special.)- Tn an application for a rehearing of the double court house cases recently decided by the supreme court, the assertion is made that all the ordi- nances of .--o last constitutional con vention, not submitted back to the people, are invalid, and among these is included one by which authority is given the governor to float a refund ing bond issue, which has already been advertised for sale. This latter contention can have no foundation in fact. The right to float the bonds is expressly given in section 2S9 of the constitution, being an adoption into the body oI the instrument, the acts ot the legislature giving such author ity.
 The case presented in the applica- ton for rehearing was that from St. Clair county wherein it is held that the court of Pell City is without au- thority of law, and that the only place in the county at which court can be legally held ie at the old county seat, AshviTle. The righ. to establish court houses at Pell City, in St. Clair county, and Calcis, in Shelby county, was given in an ordinance of the consti- tuition not submitted back to the peo- pie with the main instrument. It has been contender that this was in viola tion of the understanding by which the convention to make a new consti- tuition was called, and was therefore void. The supreme court took this view of it. In the application for a rehearing it is urged that all the ordi- nances to the new instrument were knocked down, and that among them were some very vital ones.
 There is no likelihood that anything will come of the application. There has not been a case before the SUI rreme court in years into which the members 7ent so deeply as this, and the fact that two strong justices dis sented makes it all the more certain that all the ground was carefully threshed over So far as can be as. certained, there are no matters of leg islation involved that promise to make serious trouble and if there were, it is quite certain that the present court would not considee public policy as in any way an argument to have some thing upheld that the court does not believe fully legal. One of the state officers said today: "The best thing those people can do is to keep quiet and have the legislature cure their troubles when it assemblies"
 Meeting of Farmers.
 The meeting of the Lee county farm CTS at Opelika today has taken most of the officers of the agricultural depart ment to that city, Hon. Harvie Jordan, president of the Southern Cotton Crow CTS association being among the speak CTS. Those who left were Jesse Adams, chief clerk in the department with Com missioner Poole; w. H. Seymour, presi- dent of the Alabama Cotton Growers as- socation, and others MT Jordan has pre- pared to give the Alabama farmers a splendid address outlining all that has been done and all that Is hoped for in the present movement of the cotton men to get in less cotton and use less fertil- izers.
 Important Case.
 A very important case has gone up from the referee in bankruptcy to Judge Thom- as G. Jones of the United States court. It involves the construction of the bank ruptcy law where 1t seems to be in viola tion of section of the constitution of the United States. J. M Merritt of J. M. Merritt x Co.,, at Hartford, Ala, was asked some questions which he did not sect fit to answer. He refused to reply on the ground that it would or might in- criminate him. The law says that while man Is to answer the questions, noth- ing that he says can be used against him in a criminal proceedings. The at torneys for Mir Merritt claim that he cannot be made to answer because he is exempt from such reply by said section of the constitution to the effect that man cannot be made to testify against him self.
 Of Wide Interest.
 A case of great importance and wide in- terest is coming up in the United States court this week, recalling an old case in which was involved a local distilling com pany, and which attracted much attention at the time. The defendants are II. R. Chivers, J. E. Hughes, J. D. Bass, J. J. Donegan and J. H. McGee. These men have been charged with not rightfully gauging and measuring material and spirits at the distillery, it Is said. All were engaged as gaugers by the govern ment. It is said the distillers compromised with the government for large sum of