The Birmingham age-herald., 1906-05-25
DR. THOMAS OWEN
 GETS INFORMATION
Receives a Valuable Pamphlet
 from Historical Society
HE MAY LOCATE PICTURES
Governor Jelks Spends the Day at Eu- faula-Will Return to Montgomery This Morning-ls Very
 Busy.

1 Thomas Nj. owen has received pamphlet from the Museum of the Wisconsin His torical society that carries many things of interest to Alabama. principal or which is the correspondence between the governor and the department of archives and history of this state, over which Dr. Owen presides, and the Wisconsin so- ciety, anent the return of the flag of the Perote Guards, now in Alabama collec- tions From it's information, Dr. Owen will be able to locate some pictures long desired to complete the records of his department
 The first picture in the pamphlet, which contains many of captured flags In the care of the Wisconsin society, is one of the flags of the Perote Guards. Under it are the words, Banner of the Perote Guards, First Alabama Regiment re- turned to the state of Alabama July 27, 19o5s Along with this is given the cor respondence incident to the return. It runs from the first letter of the acting governor. R. M. Cunningham. of March 15 1905, to the passage of a resolution by the legislature authorizing the return to this state.
 There are other interesting flags noted as In possession of the society. Among these are the Banner of the Mississippi Devils,' Banner of Nineteenth Missis- l sippi' and many unidentified flags that came from southern forces. The book gives 8 list of these, with lists of pictures held. Doubtless many old Alabamians l ltx11 Aoryfz nff fI., taff 1,n book should fall into their hands. l 1t is quite certain that the Wisconsin society would be glad to return banners. | flags, pennants and pictures of southern men to such states as they came from, if l there was assurance that they would re- ceive care and attention. It is hardly to | be expected that they would be turned over to societies that have no state au- thority to hold such property, but in cases where they can be turned over to the care of such officer as the head of a state 1 history department like that of Ala bama's, it is fair to presume that they will be.
 | The Wisconsin Historical society is un- der the auspices of the state government and maintained by appropriations from the state. The secretary and superintend- ent is Reuben G. Thwaites, with head quarters at Madison.
 An Interesting Case. ~c
 An interesting case has come up to the supreme court from the circuit court of Eimore county, involving the right of a man to be relieved of responsibility be- cause he is a state officer. s. D. Fields warden of the state penitentiary at We tumpka, cut some timber on what he sup posed was land owned by the state. Ac- ton was brought against him for tres pass and he plead that he was in the employ of the state and was cutting what he thought was the timber of the state. ! The jury acquitted him and the plaintiff, Dennis Elmore, appeals.
 It seems that the state cannot be sued Especially is 1t impossible to bring crim- l inal action against the state. Hence the suit is likely to develop some interesting points. If MT. Fields cut the timber inno- gently and under orders from the presi- ident of the board of convict inspectors he seems safe so far being guilty of any crime is concerned. On the other hand if he cut the trees and those trees belonged to Fillmore, even innocent of in- tent to do him harm, Elmore ought to be compensated. So the question is one that will have to have the courts thrash out and may in the end be left to the gov error and the compromise board to com | pensate the man who is loser.
 Capitol Mention.
 T he certificate of the nomination by the democrats of the Eighth district of Will liam Richardson for Congress has been filed with the secretary of state It is signed by II. A. Skeggs, chairman, and k. J. Conyngton, secretary
 The Elkmont Coal and Lumber company has been incorporated by G. A. Gibson and others at Birmingham with capital of $50O0 Another Birmingham corporation is the Gains Bissell Coal company. with cap i S I Bissell among the incorporators. general mining business is to be con ducted.
 The following notares have been named by the governor: W. $. Monk, Selma, Miss NJ. w. Hobbs. Birmingham: Mrs. J. C. Robinson Birmingham; Mrs. Hattie F.. Freeand, Grand Bay; c. C. Allen. .Gads-