The Montgomery advertiser., 1905-11-17
CLEBCRNE COURT HOUSE
ANOTHER CONTROVERSY COMES
 UP TO SUPREME COURT.
Lawyers for EdwardsvilIe and Hehin Argue the Matter-vaiidity of
 the Election Commission s is Attacked.

Right upon the heels of the contest between Bay Minette and Daphne for the court house of Baldwin County the fight between Hefiin and Edwardsvilie for the county seat of Cleburne Coun- ty was pushed into the Supreme Court of Alabama yesterday morning. The legal battle between the two Cleburne County towns promises to be fraught with nearly as much interest as the Baldwin County episode.
 As the appeal, which was filed yes terday by attorneys for Edwardsville. makes an attack on the constitution aiity of the act which makes 1t possi- ble for Hefiin to win the county seat the decision of the Supreme Court is likely to go into the vitals of the af- fair. If the lawyers for Edwardsville, the present county seat, are success full. in all they are striving for Hehins chances for the honor will go glimmer- ing.
 Judge A A Hurst of Edwardsvilie. and Colonel W. l.. Martin of Mont gomery made extensive arguments yes- terday before the Supreme Court for busting the Election Commission which was recently appointed by Governor Jelks to supervise the vote on the question of removing the county seat. This authority of the Governor was conferred by an act of the last Legis-
 lature. The Commission consists of
 W. G. Porter, W. U. Almon and J. T.
 Bennett of Cleburne County. They are given the authority. under the act, to fix the date for an election to be held as soon as practicable after their ap- pointment to determine whether the court house is to remain in Edwards vile or be removed to Hefiin. They are also to superintend the details and | ho ruf all ! the officers for the election.
 Counsel for Edwardsviile, in their submission of the case, maintain that tho Commission is no Commission. Their opponents. representing the lief lin contingent, Hon. H. D. Merrill of Anniston and W. P. Aeker of Talla- dega, contend that the Commission is bona fide in every respect and are em- powered to proceed with the election To have their views established in l the courts and to retain the county seat
 for sEdwardsville, the latter's counsel filed a petition for quo warranto pro- ceedings with the Cleburnc County Circuit Court recently over which Judge John Pelham presided. A de- sion was duly appointed and there i' undoubted authority for its existence The appeal is from this decision. Outside of the attack on the consti- nationality of the act providing for tho commission the Edwardsville people through their lawyers. are trying tC undermine the very proceedings that | were required by the law precedent tC | the appointment of the Commissioners | It is claimed. in short, that there wal not majority of the qualified voters of the County to sign the petition fol the appointment of the Commission
 They are willing to grant that the pc. tition which was brought to the Gov. | ernor carried majority of the voters
 but 1t is strongly urged that since ! some of the petitioners put their names down to the document at least ITO have l withdrawn.
 The total number of qualified voter: | in Cleburne County at tho time q | special examination was conducted by | Captain c. F. Sedherry. Assistant State Examiner, was 1,311. The mum. Der of names attached to the petition which reached the Governor was 73S
 If ITO of these petitioners who have renounced their former attitude in the
 controversy are taken from the total of voters there will be left a minority
 for the Commission. Judge Pelham re- | fused on the trial to be influenced by | the offered testimony that petitioners
 had withdrawn. To this an exception
 was taken and this point will be de- | cided by the Supreme Court
 Another bulwark on which the Ed
 wardsville stalwarts are depending is