The Birmingham age-herald., 1906-12-02
TUXEDO CASE WILL
 AFFECT ELECTION ScottS Friends May Induce
 Him to Run MAYOR FOR THREE TIMES FonvilIe Expresses Confidence In the Triumph of His Ticket-Other
 Personal and General
 News of EnsIey.
MAYOR FOR THREE TIMES

Ensley. December 1.-(Special.)-I is very probable that the supreme court of Alabama will at an early date render a final decision in the two separate cases of Boswell & Cohn, which are now pend | ing, concerning the injunction suits in the Tuxedo matter that has been in the courts for a long time, and with which the general public is quite familiar. The l supreme court is now in session and the two cases styled M. M. Boswell against the Mayor and City Council of Ensley and | the case of T A. Cohn of like nature were submitted to that body on last Tuesday, | November 27. l The injunction proceedings were for long time commonly known as the Me Williams case" and was thus spoken of but now it is more familiarity referred ], to as stated above. ! The docket before the supreme court is l very large and 1t contains many cases, however, a majority of these are of minor importance, and on account of the public nature and importance the citys case over the minor cases, it is thought that 1t will be given preference and be tried at an early date and that decision will be reached before Christmas at least. The real and personal taxes of the city that remain unpaid are now delinquent and this fact also is given as a reason why the court might show preference. At least it is hoped generally, that this will be done and that a decision will be ren- dered before the new year.
 Bearing on Political Situation.
 At present the Tuxedo matter is par ticularly interesting inasmuch as the final | result of the measure has direct influ ence on the final outcome of the current municipal campaign, and this fact makes the interest more universally manifest.
 In the event that the act of the city in the Tuxedo matter is declared consti- tutional Mayor Scott's friends will insist that he accept the mayorality for one more term. However, at this time he does not want to make the race again. but if the matter in question is decided ln favor of the city, 1t is thought that he can be prevailed upon to stand for re- election for the ensuing term at least
 Elected Three Times.
 Mayor Scott has been elected over whelmingly three times as Mayor of lns- ley, but on account of other business ma l. ters, he Is not now inclined to yield to the insistance that Is being made by his friends that he again become a can didate. Mayor Scott resides in the section in dispute and in the event that the city is not dsmembered by the courts de- csion, it. Is very probable that ne can be prevailed upon to become a candidate for reelection.
 Six Hundred Votes in City.
 In speaking of the situation and of the results In the recent primary, a gentle man conversant with the conditions. said that there are about 600 legal votes In Ensley, but that only 311 of these were cast in the primary, and that the highest vote received by any candidate was 2IS. l Two candidates received this number-F. l G. Fonville candidate for Mayor, and c. r. Camp, candidate for chief of po lice. It will be remembered that the Fon- vile ticket went into the primary with out an opposing ticket, and according to the figures it would seem that there are about 300 voters who did not enter Inc primary at all.
 It is claimed by many of the anti Fcnville people that great number of the voters who voted for some of the candidates have said that while they supported the ticket in the primary that this did not necessarily mean that they would support the Fonville ticket in the final election in February.
 No Opposition in Field.
 At present there is no ticket of oppo- sition Tn the field, but 1t is intlmated that one will be selected at an early date and that the ticket selected will be head ed by Mayor Scott and some of the members of the present Board of Alder men. The others will be selected from mo nlH 1ip nh the merchants and business men are so opposed to politics at the present time that the general disposition is to let the matter rest until after the holidays, when vigorous campaign will be waged.
 Circumstances Interesting.
 The circumstances that brought about the existing conditions are very interest ing.
 The primary was regarded by many to be promulgated in the interest of some members of the city executive committee. It is claimed that later on some of, the members of the committee bobbed up as candidates in the election. At this par ticular tic the merchants and business men of the city were tired of politics, and so expressed themselves to the tune of more than 300 by signing a request and put to the city executive commit tee asking that the primary be dropped urtil after the holidays, but that the chairman of the committee, who subse- quently announced as a candidate de- | clined to assemble the committee in ex- ecutive session to hear these petitions, and that thereafter majority of the voters refused to have anything to do with the primary
 Will Select Mayor.
 In the event that Mayor Scott does not I stand for reelection, those who are not | satisfied with the Fonville ticket will no doubt meet and select some strong man 1 to make the race. However, when a lead ! CT was questioned concerning the matter he intimated that nothing definite would be done in the matter. or even consld- , cred, until after the supreme court de- ciGes the Tuxedo issue.
 Fonvile Talks.
 | When asked his opinion concerning the situation. MT. Fonville, the primary nom- inee, declined to discuss the matter fur ther than to say that he felt very opti- mistc as to the final results in the elec- ton in February. He expressed every confidence that the entire ticket noml- mated on October 29 would poll a majori- ty of the votes cast. Mir. Fonville said that since the primary many voters had rallied to the support of the democratic nominees, and in addition to the 311 votes cast he anticipated that the number would reach 400 in February. When asked | his opinion to the supreme courts de- l ii, fb aIn ho hal