The Montgomery advertiser., 1905-09-18
Bullock Shoe Co.
BALDWIN's MIDDLE
COUNTY SEAT WRANGLE AGAIN IN
 PUBLIC EYE.
sheriR Armstrong; Has Antfthetical Orders From Two Ceurts--shau 1t be Bay Mineffe or
 Daphnaf

Sheriff J. M. Armstrong of Baldwin County spent yesterday in Montgomery
 H to hs hSns taHsd in frssEy SsE os the | controversy that Is imminent between Circuit Judge s. B. Browne and officials of his county due to the recent order by the Circuit Judge that his court must be held at Daphne instead of at, Bay Minette which has been recognized for 1 three years as the county seat
 The Probate Judge holds that Bay Minette is the county seat The Cir- cult Judge has declared that DaPhne Is would like to obey both courts if 1t was possible.
 The court house site has been a live laturs in 1901 passed bill authoris- ing the removal of the court house and jan from Daphne to Bay Minette With | in q few weeks thereafter a suit was people to prevent the building of a court house and jail at Bay Minette: I and the removal of the records, and against Bay Minette in the Chancery Court in Mobile on the demurrers, when | heard by the chancellor. Bay Minette carried the ease to the Supreme Court Supreme Court costs. The case was | again heard on demurrers. the Chan cellor deciding in favor of Daphne and | dkdIn bdy NllnStNG CdENlSQ hb1 S6SH "
 The opinion rendered by the higher | court was complicated one ana was not easily understood. The Daphne | Supreme Court. so that 1t appears that Bay Minette won the case that time. Again the Chancellor was called upon | to hear the case The last time there were no demurrers. but a hearing on the merits of the case on an agreed statement of facts. The Chancellor for the third time gave his decision eel h favor or the appeal bond at $1O.00O which was | made and approved.
 It would appear from the former | proceedings that the case is before the | Supreme Court as heretofore but not so. Pending the making of the ap- peal bond which was supposed to tee5rs the orders of the % Chancellor. I Hon. $. B. | Browne, Judge of the Thirteenth Judi cltl Circuit. addressed . letter to the court clerk and the sheriff at Bay that court should be held at Daphne. and directed the sheriff to get the court house in readiness for its opening
 Since the receipt of this letter by Sheriff Armstrong he says he has been beseiged with inquiries as to whether he. would carry, out the order of the not give nout decision for the public holding that he was an executive of- | hcer and would obey all lawful orders coming from any other officer having the authority to command him. Pressed for a statement MT. Arm strong said:
 this reason: The Probate Judge has 1 secured the advice of Hon. R. H. Clarke of Mobile in regard to where the coun- ty court should be held. Mir. Clarke gave a written opinion in which he said the county court should be held at Bay Minette and the circuit court also, until the Supreme Court shall have de- cided otherwise In view of this decls- man as Probate Judge J. II. H. Smith, on the advice of such an able attorney as Mir Clarke do not see why I should if I move the records of my office to court. I would ike to obey both Daphne and the other in Bay Minette cannot do so."
 Sheriff Armstrong said there were several barriers in the way of holding was that he did not have the custody of the county property at Daphne, tt having been placed in the custody Of another party by an order Of the Coun- ty Commissioners. Another drawback is that he has no authority to contract to expend the money of the county for the County Commissioners. He says he has written a letter to each of the Commissioners asking what they intend to do in the premises, but has not yet received a reply from any of them. An interesting phase of the situation is a contest for the ofice of coroner, the two factions of the county believing that if the sheriff Is disqualihed the coroner would hold the balance of power.
 For several years Baldwin County has been without a coroner Recently E O. Norton. leader of the Daphne forces applied to Governor Jelks for appoint ment to the place. The Bay Minette people learned of this move on the part of their Daphne friends and A. D Me- Phaul of Bay Minete was groomed and sent out upon the track to contest with Mfr Norton for the office of coroner.
 Governor Jelks effectually disposed of the race for coroner of Baldwin by announcing that he would not appoint any one to the vacancy until the court house matter was adjusted finally.