The Montgomery advertiser., 1905-10-19
JUDGE BROWNIES PLANS
HE PROPOSES TO HOLD BALDWIN
 COURT AT DAPHNE.
Presumes That Coroner McPhnfl VIII Do His Duty In EveDt That the
 Sheriff Refuses to Attend.
Advertiser Bureau,

Advertiser Bureau, Mobile. Oct IS. With reference to the appointment, by Governor Jelks of A. D. McPhaul Of Baldwin County, as coroner, Judge Samuel B.Browne, of the Thirteenth Ju- dicial District, comprising Mobile, Baldwin and Washington Counties, and his intention of holding court in Bald win Judge Browne said this morning to your representative, T an getting ready to open court for Baldwin Coun- ty and will go to Daphne and be there promptly at 12 o'clock noon. for that purpose. or exhaust all my legal pow CTS to do so. I have received notice of the apointment of Augustus D. McPhaul as coroner. by the Governor. and pre- sume he will act as directed by the court, in event the sheriff refuses to at- tend"
 Hon. o. J. Semmes for thirty-one years Judge of the City Court. at the request of Hon. Samuel B. Browne, Judge of the Thirteenth Judicia Circuit. examined the rulings of the Supreme Court of Alabama. also with the laws dealing with the courthouse question for Baldwin County, in Judge Browne's circuit and gave him this afternoon the following which is self explanato- ry.
 Mobile. Aa. Oct IS. 1905. Hon. S. B. Browne. Judge of Circuit
 Court.
 Dear isr;-complying with your re- quest relating to Baldwin Court House, I wil say that am of the opinion that the court house has not legally been To- cated at Bay Minette.
 '1n my opinion, this is definitely set- tied by the cases of Hand ct al. vs. Stapleton ct ai., 140 Alabama, page 555 and 135 Alabama. page 15e! if the agreed statement of facts set out in the iS I sume 1t is. else it would not have been agreed to. As the Supreme Court has twice decided that the conditions prece- dent to the removal of the court house had not been complied with and for this reason no legal removal has been ef- fected, do not see how the question can any longer be an open one.
 Respectfully.
 70. J. Semmes"
 Sheriff J. M Armstrong of Baldwin County arrived in Mobile tonight, and was seen by your representative with reference to the announcement of Judge Samuel B, Browne, of the Thir- teenth Judicial Circuit. that he would hold court at Daphne. Baldwin County, next Monday. Sheriff Armstrong said that there would be no court held at Daphne next Monday. His assertion was made, according to his statement, because neither the sheriff, clerk of
  ty would be at Daphne on that day.
 As to the statement made in a local paper that Augustus D. McPhaul who was yesterday appointed coroner of Baldwin County. was one of his depu- ties, Sheriff Armstrong said "there is not word of truth in the statement. He is not, nor has he been one of the deputies of Baldwin County"
 "As to the letter of Judge semmes to Judge Browne. with reference to the two Supreme Court decisions" said Sheriff Armstrong, T can truthfully say I have collected the costs of the Supreme Court proceedings once from the Daphne side and once from the Bay Minete side in this cause"
 Hotel St. Andrew Opened.
 The opening of Hotel St. Andrew. Mobiles rehabilftated Commercial Ho- tel, took place tonight. The Commercial 1t wil be recalled. was burned In the earl ymorning of February 13. 1905. Af ter the famous Battle House was con- pletely destroyed. Andrew Dacovich, a resident of Mobile for nearly half cen- tury and owner of the Comercial. at onse decided to erect a new hostelry on the site of the one destroyed Tonight he received ore than five thousand vis- itors to oHtel St. Andrew. which com pleted, represents $250.000.
 The Mobile Yacht Club, one of the institutions of this city made up of men of means. enthusiasm and deter minatiom has at last decided that the present quarters on Blakely Island. across the river from Mobile, are not what they need and require. Commo- dore Frank B. Merrill instructed Sec retary Lyman B. Dorgan to call meeting for tonight at Klosky's to take initatory steps looking to the securing of more convenient site and the erection of a club house commensurate with the needs and requirements of the Yacht Club. At o'clock the club was called to order by Commodore Merrill, who explained the objects of the meeting. Many members of the club were present. The following was offered and adopted:
 Resolved, That the present quarters of the Mobile Yacht Club are inade- quate and badly located and 1t is the sense of this meeting that more suit able and better located quarters be es- tablshed.
 That the chair appoint a ways and means committee, consisting of five members. the whole to form a general committee of which the Commodore shall be general chairman, this com mittee to examine into the feasibility of providing suitable quarters to be established on the west shore of Mo- bile Bay and report at meeting call ed for the purpose at the earliest pos- sible date"
 Commodore Merrill, on the adoption of the resolution, appointed the follow | ing committees:
 Ways and Means-C. D. WilIouehby. F. J. Buck. L. c. Fry. James Gibboney. J. T. Schly.
 Location-J. c. Bush, Jr. Harry Pill lans, H. W. Clarke, E. D. Ledyard. H. | V. Bachelder.
 Building-Lebaron Lyons, F. E. Overall. c. A. Hall, R. c. Richard, c. | A. Sanbern.
 His Skull Fractured.
 Larry Murray. an ex-policeman and | recently employed by McNamara |