The Birmingham age-herald., 1906-02-02
ARGUMENTS BEGIN
 IN H. B. GRAY CASE J. A. B. Lovett Sends in His
 Resignation IMPORTANT RULING MADE Alabama Shippers Case Before su- preme Court is of Especial Interest to shippers-other Mont
 eomery News.
IMPORTANT RULING MADE

Montgomery February 1.-(Special1- ! Argument ih the quo warranto proceed ings of Henry B. Gray and others versus
 the Louisville and Nashville railroad was
 heard today by Judge A. D. sayre of the city court. sitting in the room of the su-
 prene court at the capitol g. II. Dent,
 for MT. Gray. used up all the morning
 session, John P. Tillman of Birmingham,
 for the railroad company. speaking after
 the midday lunch. Phares Coleman. for
 Mir Gray. will speak tomorrow. and Greg orv l.. smith. for the railroads, after
 wards.
 This Is proceeding by Mr. Gray and associates 10 have the Louisville and Nashville show cause by what author
 ity it operates the South and North of
 Alabama. contending that foreign cor
 poration, as the latter is said to be, can
 not exercise a local franchise without
 complying with conditions which, 1t is charged have nor Eeen met. The case lis continuation of the fight of Gray
 and associates against the sale of the stcck of the South and North to the Louisville and Nashville. which owns 9D per cent of the sal stock Several phases of the question are now in the courts and will likely be so for several
 months. as they cannot be submitted to
 the supreme court until the call of the div islon ia April.
 The Office Vacant. w II. Seymour, president of the Ala
 bama Cotton association, has received ] the resignation of Dr. J. A. B. Lovett. vice president of the Alabama assocla- tion but will take on action upon it. By the constitution of the association the office was vacant the moment Dr. bovett announced himself q candidate for office. Iris is a feature of the association law A man cannot be an officer and can didate for office at the same time. Ills candidacy operates as his resignation and
 he need not bother to send in such resg- nation after he lets it be known that he Is an asorant for an official place. Mir. Seymour said today that he would fake up the matter of appointing nr. l Lovett's successor in a few days, and also that he had a good man in view He would not talk of the Lovett reslg- nation other than to say that there was nothing for him to do, as the. Tact oi his announcing for office made his place with the association vacant. Important Ruling. In a. case against the Alabama Great Southern railway handed down today bS l the supreme court a very important ques- | tion to shippers was settled. It is the | liability of shippers on goods that arc | not fully made out as to the exact wac a ment of cotton. The agent of the road | signed the bill of lading as presented which was for more than what proved af- terwards to be the shipment The ship 1 per drew for the price on amount as shown on the bill of lading. It was later l found that the road had delivered less than shown in the bill. Suit was brought | to recover the amount of the face of the bill of lading and the court holds | that the road is liable for only so much l of the alleged amount as it really received | for shipment, when that was definitely | fixed In other words the court takes | into consideration the saving clause for | the roads that such shipment can be actually defined as to weight and amount. | It is very important in that It protects the roads against men who would make a | showing and draw and then not get as much as was reported to the cars. Capitol Mention. Capt H. L. Gregory of Birmingham, who has seen good service with the Ala | bama National guard, has been retired | with the rank of captain at his own re- quest He has been one Of the active
 men of the service for several years 1 Capt J. H. Miller has been commis- | stoned to command Company G, Third in- i fantry at Birmingham.
 | The election for the successor of Major | Atkins of the cavalry will likely be or l dered as soon as the governor returns | from a trip to River Falls, where he has l gone to have a look into the convict | camp there.
 | Another thing awaiting the return of | the governor is the case of Will Johnson | at Gadsden, sentenced to be hanged Fri | day week for participation in the murder l and outrage of Mrs. Jane Smith last July. The pardon board has refused to | recommend clemeney and 1t is quite likely l the governor will not interfere. Programme for Memorial Meeting.
 The following is the programme of | special meeting of Camp Holtzclaw, U. C. | N., in honor of the late Gen. Joseph I Wheeler in the city council chamber, Fri day evening, February ?, 1906, at 8 o'clock Assembly-Bugle by O. F. Courtney. Objects of meeting stated by Capt. R. T | Goodwin, commandant, followed by ths reading, by A. C. Sexton. adjutant, of or
 ders from general headquarters suggest | ing exercises.
 Invocation-The Rev. Charles A. Stake | ly.
 1 Song, Maryland d''-Messrs Pierce, EC
 De Want, Anderson and Weatherly Carter 1 Recitation. Wheeler at Santiago'- Leon Veil.
 Wheeler as a Man"-Governor William
 D. JellSs
 Wheeler as a Statesman and Soldiel ! in the Spanish-American War"-Gen. Will | liam C. Oates.
 Recitation. "old Joe Wheeler'-Mis' | Georgia Thomas
 | Song, "Dixle"-Mrs. s. F.. washburn
 Wheeler as a Confederate Soldier | Five-mnute talks by Col. John W. A
 Sanford Col. Harvey E. Jones, Col NJ. l. i Woods, Col. J. NJ. Falkner. Maj. w W l Screws. Capt. Peter B. Mastin, Capt Ben
 iamin M. Washburn. Capt. Vincent M Elmore Col. c. A Lanier. Dr. J. B. Gas ! ton. Capt Boiling Cavanaugh. the Rev 1 George Brewer Judge John Purifoy, Capt R. P. Grigg. Capt. ". B Jones. Judgs John Cook. Judge ]. B Fuller
 Song. '"renting Tonight on the Olf l Camp Groundr-Quartette.
 Penediption Tapz