The Birmingham age-herald., 1906-05-30

she has been employed in a cotton mill since her husband left her in 1902. She claims that the property owned by her husband was made largely by her own work, she going into the field and help ing to clear and cultivate lands. She thinks that she is entitled to the proceeds in sufficient sum to keep her in comfort and also contends that the work which she is forced to do in the cotton mills is breaking down her health The req son she does not move the cause to Tal- ladega. as the court indicates she should, is that such action will make her liable for the costs in the present litigation, and she is not able to pay them.
 A Small Grind. There were only four cases all of. minor importance, handed down by the court unless ruling on the right of town to collect license for the sale of coal oil may be considered far reaching. This came up in the suit of Sheffield against w. M. Mefford. to force him to pay license as dealer in coal oil he con- tending that his mercantile license gave him the right to carry on the wholesale business in the Rockefellerian product. The lower court held that he did not have such right, and assessed fine of sl00 for violation of the license ordinance. This the supreme court upholds. Manning H. Caldwell is adjudged guilty of marrying and living with one woman while he is married to another. and the sentence of five years in the penitentiary assessed by the lower court of Fillmore county is upheld
 Of the four cases handed down today three were affirmations, two being law contentious about which there is no spe- cial interest save to the direct litigants. List of Opinions. The list of today follows:
 Weakley, c. J.-Manning H. Caldwell vs. the State of Alabama, appeal from Elmore circuit court affirmed.
 Haralson, J.-D. P Haynes & Bro. vs. w. c. Gray & Co.,, appeal from Anniston city court; reversed and remanded Dowdell, J-Rock Island Sash and Door works vs. Moore & Handley company, ap- peal from Birmingham city court; af- firmed.
 w. NJ. Mefford vs City Council of Shef- field, appeal from Colbert circuit court; affirmed.
 Old Flag Returned.
 The flag of the Fifty-eghth Alabama, c. S. A.. has come to the care of the state department of archives and history, after long solicitation of the director, Dr. Thomas M Owen. It was brought in to- day by Col. John w. Inzer, who was lieu tenant colonel, and much of the time in command of the regiment. It will pc added to the large store of banners now in possession of the department. Col. Bush Jones of Uniontown was col onel of the Fifty-eighth, but because of imperfect sight generally turned the com mand over to Colonel Inzer. It's major Ion. 1,R congressman in California before he en- tered the service. Among the other of ficers were some of the best known men of the state
 The regiment absorbed the Thirty sixth Alabama in November, 1S63 but kept the field officers of the Fifty-eighth When the regiment surrendered at Meri- dian in 1865. J. l.. Freeman. the ensign. tore the flag from the staff and put it il one of his boots. He was lost sight of after the war but finally the flag turned up in Indiana and was sent to Colonel Inzer at his home at Ashville. The flag is well preserved though torn in some places. It was not well cared for during the time it was in the hands of Freeman as since.
 Fight On In Clay County. There is much of d fight on in Clay over the removal of the court house Work has already been inaugurated on d new temple at Ashland but stopped while there is uncertainty as to where the de- cision will finally lie, Lineville making a big tght for if. Lineville contends that it has petition of more than half the voters as authority for the governor to appoint commissioners to hold an election to decide the location. The governor will send an examiner to see if the petition Is valid one and if it is will certainly appoint the commission.
 Lineville is one of the new towns of the state. It is on the line of the Atlanta, Birmingham and Atlantic, now graded much of the way. and a short distance from Pyriton, the terminus of the Eastern of Alabama. It has a fine citizenship and contends that it Is the logical place for the building. To be sure Ashland is mak- ing it's fight and there have been as q result. at least one personal difficulty in which eyes have been blacked and faces bruised. From distance it promises to be one of the warmest contests of the year. putting to blush as an interest pro- ducer every race for state office
 Brief Capitol Notes.
 The appointment of Joe Dimmick to be postmaster seems a case where the going out man had a chance to have say after all. It has developed that Judge Buckley who retires. favored the ap- poIntment of Dimmick If he could not have 1t. Mir. Dimmick said yesterday that he did not know Just yet who would be his assistant.
 Among the visitors to the city today is Col H. s. D. Mallory of Selma. chair man of the state democratic committed. He is here to attend meeting of the State Negro Normal school directors, to which directorate he belongs. He said he was feeling cheerful but had nothing to say about politics
 Fred Rlackrnou nominea for senafor in