The Birmingham age-herald., 1907-06-23
RAILROAD WILL
 ANSWER MOTION Cannot Enter Depot on Account
 of Litigation
THE SITUATION AT MOBILE
MT. carber Thinks the Louisville and Nashville Can Be Forced to Occupy the New Passenger Station.
 Forrest In Montgomery.

Montgomery, June 2.-(Special.)-The Louisville and Nashville railroad will make answer to the motion of the mayor of Decatur that 1t be forced to enter the Union depot there, that 1t cannot enter because of litigation in the supreme court of the state to which the town and the Southern railway are parties. The depot is the property of the Southern railway and the Louisville and Nashville cannot go in until this company adjusts its diff ferences.
 The council of Decatur granted the Southern railway the right to close cer- tain streets in order to give room for the depot and the tracks incident thereto. Citizens went into the court to prevent the concession and the lower court held with the citizens so moving. The railroad company and the town council have taken this case to the supreme court and 1t Is held that the Louisville and Nashville can not senter the property until troubles are arranged
 It is expected that the Louisville and Nashville will be able to give out an an- swer to the movement on the part of the people of Mobile to force occupancy of the union depot there. Local officials when approached on 1t said that a state- ment would be presented in a few days. Both of these cases come before the July session of the railroad commission and are of much interest all over the state.
 The Mobile Situation. It is understood that Attorney General A. M Garber has given an opinion to the effect that the Louisville and Nashville Railroad company, according to the act allowing the erection of the a new union depot at Mobile, can be forced to enter the depot The only way for the road to avoid using the new depot there will be to beat the act. This Is supposed to be the lever with which the railroad commis- sion will endeavor to secure compliance of the road in question.
 Attorney General Garber has also ruled unoffcially that where there are two mortgages covering one indebtedness the record tax on both the papers must be paid. This fee Is for the trouble of re- cording and not in any sense an ad va forum tax.
 J. l.. Carpenter, tax collector of Clay county has made final settlement with the auditor.
 Capt. A. c. Sexton, deputy insurance commissioner, is back from trip to At lanta, where he was looking after some business of the Atlanta Birmingham h. surance company, of which he Is receiver
 The Purity Fertilizer company has been | incorporated at Greenville with capital of s25,O0O The incorporators include R. A. Beeland and many others.
 Forrest In the City.
 N. B. Forrest, Jr., grandson of the great warrior, is here for the purpose of taking over the office of adjutant gen. eral and chief of staff of the United Sons of Confederate Veterans, succeeding i Capt. A. c. Sexton, who has served dur ing the past year. MT. Forrest Is the chief of staff of the new commander In chief, John W. Apperson of Memphis, who succeeds Dr. Thomas M. Owen of ! this city
 MT. Forrest, who is a resident of Mem phis, is @ guest of Dr. Owen and Cap tain Sexton at the Exchange hotel. He Is very much impressed with the way the office has been carried on. and is talk l ing over just as the others leave off so that he may avail himself of the ad- mirable records that have been kept for the past two years. The confederation is 1 doing a broader work now than at any 1 time in it's history
 Judge Daniel A. Greene of the criminal court of Jefferson county spent some | hours in the city today, having business with the state secretary of the Masonic l order He says that there Is now no l danger of the Masonic home idea failing. It has now almost enough votes to as- l sure 1t of success.
 To Move Troops. 1 The Western of Alabama has been 1 given the contract to transport the artil- l lery troops of the state to Fort Moultrie. 1 225 men to be carried They will go via | the Western to Atlanta, from there to l Augusta over the Georgia road and from | there to Charleston on the Southern. Tho Louisville and Nashville road will bring the men from Mobile and Birmingham, and the Western from Selma, the whole | party to get out of here on the after noon of June 4, so as to be in Charles l ton by a. m. on July 5.
 Adjt. Gen. Bibb Graves, who closed up the contracts, is enthusiastic over the 1 trip. He believes that it will be great thing for the Alabama guard, as they will be taught things that will be useful in the upbuilding of the artillery branch The expenses of the trip and the week iis camp will be paid by the United States It Is pretty we'll established that the Seo- ond regiment of infantry will camp at Selma, though Montgomery has been will ing to give something for them, while the first will no doubt come to Montgomery Final arrangements will not be made. however. until all contracts are signed up. So far nothing has been done in any special way with regard to the Third. though Colonel McElroy is busy getting the boys in shape.
 Neue If Dennopoljs.