The Birmingham age-herald., 1906-04-13
NEW CONTENTION IN
 THE CLEBURNE CASE.
Secret Ballot Rights Violated
 by Election
WARD WAS NOT INFORMED
Visit of Mobile Man to Flat Top Was Too Short to Learn Anything Definite Of the Ccndi-
 tions.

well known and well discussed Cleburne county court house case has bobbed Up again. This in itself would not be Of great interest 10 the state as whole, but as the last attempt to stir the fire seeks also to involve many election laws in constitutional troubles there is more than ordinary importance attached 10 it. The contention is made that the law by which the court house was moved from fdwardsville to Hefiin is in violation of the rights of voters to have a secret bal- lot in that it docs not require an off- cial ballot and stpulates that the re- turns, including ballots and poll lists. shall be opened in the presence of the public and may be seen and examined by any who may care to do so.
 The attorneys for the 1dwardsville side of the question. which seeks to have the vote of removal to Heflin discredit6d. are Wlitson x Dryer of Talladega while w.. P Acker and Hugh Merrill of Anniston appear for the others. IL ls contended that the special election law by which the court house was removed is in many ways bad. Ii has no right to say that ma jority of the electors voting can decide
  jority of the whole; neither has il the right to provide a plan different from others when the constitution says that elections must be uniform. It is further asserted that the journal record is not clear on the passage of the acts and amendments thereto upon which action has been taken.
 There is no charge that the general election law is bad because if can only be gone into in case of a contest, and ,it is a felony for anyone to compare or Hry 10 ascertain in any other way how electors voted except in case of contest, when the numbering of the ballots forms the basis of plans to secure the actual list as voted. In the special law com plained of voters are allowed to use any sort of ballot and put them in open, whereas the general law provides only one kind and that it shall he voted folded, so that no one can sec what it is. This last will give. the complaint asserts, too much room for purchase and make it pos sible for a man who has an interest in d vote to watch and see if the voter kept an illegal contract 10 vote it.
 The grounds of complaint are such as ito cause general interest and the argu- ments of the attorneys attracted several lawyers and others to the court room to- day. The case came up on q writ of pro- hibition, by which the circuit judge was
 
 the allegation that it was not legally the court house town.
 Ward Not Informed.
 The report of Dr. Ward, on the treat ment of county convicts at. Flat Top mines. of the Sloss-Sheffield Steel and Iron company. seems to illustrate the failure of many who undertake to inform themselves on the treatment of priso- ners and secure information of the man agement of other institutions controlled by the government He did not take as much time as was necessary to get any adequate ideao of the situation, 1t is said by capital officials. He went to the mines one afternoon. late, it is said and left early next morning. In that way he could not get any general idea of the treatment. He did not visit the kitchen. one of the officials says, and if he had he would have seen not only plenty more rice but bread and vegetables for the prisoners.
 However, there is no disposition to crticise the Mobile doctor. but rather 0 wish that he had remained at the mines two or three days, gone down into the openings, and seen how the men are treated under ground. MT. Tait discovered at once that the prisoners did not have shoes save those worn in the mines, a matter very important which the doctor overlooked. He also did not find that the chief hardship seems to be that machinery is slack and that while the men fall short one day because they cannot get the . equipment they arc forced to make up the next. This. Mr. Tait points out, is great evil, as the men ought not to be over worked for delay for which the com pany is entirely responsible.
 Reward for Fugitive.
 The governor has offered a reward of $50 for the arrest and conviction of Watt Shepard, wanted In Macon county on a charge Of killing a woman with baby in her arms The sheriff has offered $2S and the solicitor is of the opinion that conviction, with possibly the death penalty will be secured
 Tax Commissioner Harvey Jones has ap- pointed with the approval of the gov ernor, J. H. Hood at Centre, commission CT of Cherokee county; |. C. Kelley for Coosa. at Equality; E. V. Otts, for Hale at Greensboro
 The Phillips-Shehan Printing company has been incorporated with a capital of 5000 to do business at Montgomery. Mir. and Mrs. W. E. Phillips, Mrs A. NJ. Jones. E. II. Smith and Will T. Sheehan are incorporators.
 The governor has named the following notaries public: W. G. Schuester. Bir- mingham J. E. Bennett, Birmingham; J. C. Price. North Birmingham; s. k. Will Hams. Opelika. and II. A. Bradshaw, Huntsville.