The Birmingham age-herald., 1906-06-19
CUSTER JUDGMENT
 ID BE HEARD TODAY
Gray Case Attracts Attention
 All Over State
TOWN OF ELBA APPEALS
Mrs. Annie E. Bullard Secures Judg- ment for $76O Against Elba Be-
 cause She Fell Through
 Bridge and Was Injured.

Montgomery, June 1S.-(Special. )-Noth- ing in the Alabama courts for years has created more talk than the litigation now on between Henry B. Gray of Birming- ham and the Louisville and Nashville railroad, incident to the control of the South and North railroad, line from Decatur to Montgomery. doing probably more business than any other section of the same length in the south
 On the hearing set down for tomorrow in the supreme court will depend the present fate of the custer judgment is sued May 16 by which it was hoped by the Louisville and Nashville would be de- prived of the right to control the South and North If the court itself supercedes the custer, as a result of the appeal already with the court, that will send the question over to the next winter; if 1t does not supercede and the Judgment is held to be at once effective. and is- sues a writ of prohibition, this will send its consideration over to a later day,
 The litigation is attracting attention all over the state. MT Gray, who is a candi- date for the democratic nomination for lieutenant governor is seeking to prevent the Louisville and Nashville acquiring full possession of the South and North. He and his friends own a small share of the stock but claim that the major cor poration has no right to take it over un- less all agree to it.
 Many Litigants Appeal.
 Mrs. Annie E. Bullard has secured a judgment of $76O against the town of Elba because she fell through bridge that was not. it Is contended, in repair She alleges in her complaint that the result of the fall was to leave her in many ways an invalid for life, and that though this happened some months ago she Is still in bed and will likely be for some time longer. The town has appealed the case to the supreme court.
 Ella McCoombs and Elisa Washington had trouble at party in Elmore coun- ty and Ella drew her razor and cut Eliza a few gashes in the back. The court fined her $50 which she did not pay. A sentence of 50 days and 195 days for costs was then imposed and Ella ap- pealed to the supreme court.
 Tut DuBose has been given a life sentence in Clarke county for killing Charlie Jackson. Burke Creogh had a fight with a woman and Callie Cleveland tried to part them He cut Callie to death and Is sentenced to 25 years. Both ap- peal
 The Wright-Rhodes Mercantile company has been Incorporated at Gautt. Pike county. with a capital of S15.O0O. l.. NJ Kaskensky, T. R. Wright and s. F. Rhodes are incorporators.
 Jelks Return.
 Governor William D. Jelks will return from ten days in the mountains of North Carolina on Wednesday in time to be present at a meeting of the capi- tol commission to arrange for bids for the interior work of the old capitol, which will be looked after at once. It is expected that at the meeting to be held this week 1t will be arranged to begin work at once to remodel the in terior and make 1t as pretty as the art of the frescoe experts can make 1t.
 Harry R. Shorter, deputy insurance commissioner. who resigned teE days ago, goes out of office today. He has been out of the city winding up some mat ters that need his attention and came in today and turned the office over to Capt. A, c. Sexton. chief clerk to the secretary of state, until such time a man is named for the vacancy by Sec retary of State F. R. McDavid.
 State Examiners Wilkerson and Sedber- ry are in today. Judge Wilkerson will re- port tomorrow on the books of the off cers of Montgomery county, which he has been overhauling for some weeks. It is understood that they are all correct in every way and that the examiner will compliment the officers their work.
 Insurance Department Reports.
 The report of the state insurance de- partment for the year ending last Decem- Der 31, has been printed and returned to the office. It shows that the total re- ceipts for the time represented were $97, ,726. 65 as compared to SS6. 1858 80 for the year before. Already the receipts for the present year have bone to s104 469.49, divid- ed as follows:
 One per cent tax ...................S 77,549. 49 Company licenses .................. 12,92S. % Special law ....................... POI .00