The Birmingham age-herald., 1907-07-19
In the w. G. Harris Bankrupt
 Case of Birmingham
DEGREE REFERRED BACK
Schools Will Be Merged at Huntsville. The Dallas Manufacturing Com pany Must Pay for Water
 Used Since 1901.

Huntsville, July 1S.-(Special. Judge Oscar R. Hundey of the United States court has handed down an opinion in the bankruptcy case of w. c. Harris of Birmingham in which two sets of creditors asking that Harris be declared an invol- untary bankrupt, contended for priority in the matter of adjudication. Rule !, in general orders in bankruptcy, was con strued to mean that the petition alleging the earliest act of bankruptcy was to be held as prior to the orther. Judge Hund- ley holds that the rule cannot be brought into action unless the debtor denies and contests the answers filed by the respec- tive creditors.
 In this case the debtor did file what purported to be an answer to one peti- tions, but the answer was stricken from the files, as not being made in accordance with the rule and not raising an issue justified by the bankruptcy law. In this case Judge Hundley holds that the rule does not apply and the petitions must be considered in the order of their filing.
 A degree was entered referring the mat ter back to Referee Birch in Blrming ham.
 Col. James F. O Shaughnessy of New York. president of the Huntsville and Monte Sano Improvement company, Is in Huntsville to look after the extensive properties of his company Colonel O'Shaughnessy stated that he was en- deavoring to interest capital in the de- velopment of the great advantages of Monte, and he has fair prospects of sue cess. Should his plans work out the mountain would be transformed into a magnificent park. and 1t would be d pleasure resort for the whole south. The problem of transportation would have to be solved by the erection of an electric railroad or the establishment of a big au- tomobile line.
 The state and city schools in the Hunts vile school district, which have been op- erated separately during the last two years, will be merged at the opening of the next session. The school will be To- cated in the magnificent new school build ing erected by the city and it will be maintained by the money of both the state and the city. The board of education held a meeting today and elected teachers follows: Prof. s. R. Butler principal R. P. Wills, assistant principal; Erie Mcthell, Mrs. Fannie Talioferro, Mrs. Sal lie Dickson. Miss Florence Hardie Miss Hattie Thurston, Miss Mara Irby Mastin, Miss Annie Merits, Miss Laura Bassett, Miss Mary Slaughter, Miss Elizabeth Chapman, Miss Mary Duprez and Miss Treadwell, teachers.
 The opening session of the National As- soclaton of Colored Primitive Baptsts of America was held yesterday The attend ance of delegates numbers about 500 rep- resenting nearly every colored Baptist association in the south. The Rev. O. F. Sans of Key West Fla, preached the Introductory sermon. using as his text the subject, "The Divine Jlan of Organ ized Government" The Rev. W. j. John son of the Texas State Primitive Baptist association preached last night
 Today is being devoted to celebration of the 21Sth anniversary of the London Confession of Faith.
 The Huntsville City Council has abro- gated the contract with the Dallas Manu- featuring company for free water and will present that corporation with bill for all water used since January l. 1901. Esti- mated roughly, the Dlll VIII De loT hDoul $50 GOO. There will be a lively fight over the matter, and the dispute will get into the courts, 1t Is believed. The cotton mill corporation claims that the contract which was made by a Mayor and alder men of q previous administration cannot be nullihed according to law. The city contracted to give the mill free water for a term of years, and then to furnish wa ter for an additional term of years at about the cost of pumping. Some of the members of the council favor a compro- mise. but majority of them are in favor of trying to get the full amount claimed as due.
 The bill which Representative A. D. Kirby has offered in the Alabama legisla- ture to amend the dispensary law of this county so that the first $50oo of the profits of the dispensary be paid to the schools of.the country exclusive of Huntsville, m stead of to the county as a whole, will De onnosed by the Mayor and aldermen or this city. The measure Is not considered fair as it will deprive Huntsville or par ticipating in the benefits of large share of the dispensary earnings senator spragins has been formally requested to oppose the passage of the bill
 Wheat Thresher Dynamlted.
 Hopkinsvile ky. July 1s.-A threshing