The Birmingham age-herald., 1905-02-19

E oNTGoMERY, February lS- M (Special.)-It is matter or sincere regret to the Mont gomery correspondent of The Age Herald that MT. James Nunnelle or Selma took offense at a paragraph con corning him in last Sundays letter. Noth- ing was farther from his mind than de- sire to wound this popular Dallas county citizen, nor was what he wrote inspired by any man, large or small. On the other hand the incident of the appointment or MT. Smith to the Dallas county Board of Revenue and the vigorous kick registered by the Selma editor developed the fact that same editor is quite popular with every man at the capitol having the pleas ure of his acquaintance It was not his kick that attracted attention, but the very vigorous wording of 1t, '1s this Russia or Alabama" fired straight at Private Secretary Jackson without one word of warning was enough to take him off his feet, and if the sender desired to have himself discussed the result did not fall short of his expectations. The Age Herald man wrote the notice last Sunday in a jocular way, with no thought that IL carried a sting; he writes this in all seri- ousness, with the hope that MT. Nunnelie will understand that he holds him Tn too high esteem either to poke run at nm or in any way wound his feelings.
 And while am in the apology mood I want to say that I am also sorry the Ashville gentleman found cause to com plain of the paragraph about the estap- Iishment of the court house at Fell City. While on a visit to Ashville about year ago I gathered the impression In some way that there had been objection to the town" idea, which impression was deep ened by the argument in the case before the supreme court Conversation with citizens of the Pell City side of the situ- ation had also something to do with 1t. Rut if 1t is wrong and it seems that such is the case, then l am sorry l said II, ana am in no sense like the 1rishman who re- gretted that he had not said more to take hack. This gentleman will allow me to say. however that Ashville is one or the most attractive little cities in the country neonIed with cordial citizens, and if mart" of the county seat did go away the movers are lossers in leaving or tnelr visits to the older town.
 Tho decision of Judge w. H. Thomas of the Montgomery city court upholding the validity of the state revenue law, did much to hurry a cure In the attack or grin which laid up the Acting Governor last Saturday. The executive dislikes, abova most any other thing presented to him since he tok hold of the reins of state the idea of calling an extra ses- sion of The legislature, but he has made if very plain that he demise of this act at the hands of any legal tribunal quail fed tos officiate as executioner will bring inc solens down this way There is yet a fear that the feature which the Gov ernor would rect most to see go Will faii at the test Judge Thomas saamsea little more doubtful of this than anv other. Reference is made to the one oIloving the state and county fees for recording a mortgage. or other paper or like class, and takes the right from mu- ,ic,nalities. If this should be wrong, :" said Judge Thomas yesterday, Its fail- ure would not effect the validity or the whole act'' which would seem to indi- cate that he is not fully satished about it..
 This doubtful condition exists in the section providing for payment of record fees In the filing. of mortgages, etc., and ts thefone uponswhich the attock on the whole bill was based. The Manhattan Trust company of New York did not want to nav 5000 for getting a deed of trust given by the Louisville X Nashville rail- road properly fled with the Judge of probate of Montgomery county and made a fight to keep out of it. thus forming sba test case described by Judge Thomas Now it sss not at all certain that the failure of this section would not bring about an extraordinary session of the lawmakers, for the Acting Governor does not like for foreign corporations to do business in Alabama without paying for The privilege. which the money lenders would be doing if the section was in- validated. He might not issue the call but it is pretty generally understood that he would not miss it far. ....
 The approaching end of the terms of .he members of the state circuit board and the knowledge that their successors must be appointed by or before February cs. is a subject for talk. Especially on the third floor of the capitol. Gossip seems