The Birmingham age-herald., 1907-10-10


 to the principles announced in the Ga nous case of Fitts vs. McGhee and hold that these suits instituted against off, cers of the state are really against the states. Missouri and Minnesota have ex- perenced so far the greatest trouble re- sulting from interference on the part of federal courts. The commodity rate laws of Minnesota are different from those of Alabama in a very material respect They contain no special charging and impose no special duty upon any state officer with respect to their enforcement. And so confident is the attorney general of Minnesota that the principles of the case of Pitts vs. McGhee apply to his atti- tude and connection with these cases that, although enjoned in nine suits by the federal court in Minnesota, he has ignored the federal injunctions and has instituted mandamus proceedings against the nine offending railroads in Minno- sota. He has been cited to appear before the federal court and show cause why he is not in contempt and the result of the courts action will be watched with much interest.
 Question of Conflict
 "Following the discussion of the conflict of jurisdiction between the state and federal courts a resolution was adopted by unanimous vote memoralzing and petitioning the President and Congress to take away the jurisdiction of the in- ferior federal courts under the fourteenth amendment In cases of this character. believe this would be solution of this question. and as the United States cir cult courts are of statutory creation, I see no difficulty in the way of Congress to deprive them of this jurisdiction. It would leave the state courts, which are the appropriate forum for the trial or these matters. with original jurisdiction. with the right still left of an appeal to the United States supreme court on writ of error and thus by due process of law this court would review the merits of the case in controversy
 Many Seek Pensions.
 owing to the unusually large number of new applica tions for pensions received since the State Board of Commissioners met in August, the commission has not yet completed it's labors but expects to do
 When the lists are finally completed there will be in the neighborhood 3OO0 names on the lists. The commission is now considering over 300 applications re- ceived since August. and the labor inci- dent to passing on these is no small mat ter. Chairman Starr said yesterday that
  ready today The fund to be distributed will be about $750,000 when all is collected, and Is to be divided into four payments, a stipulated sum for the first three years, according to the grade of the pensioners, and all remaining at the end of the three divisions will be divided equally.
 Phil H. Avery of Auburn has been ap- pointed a member of the soil survey
 Pauline Barnes and Kettle Sims, negro women convicts of Jefferson county have been declared insane by q commission composed of three citizens and ordered to the asylum at Mt. Vernon
 New Montgomery Theatre.
 To make up for the time lost through delay in the arrival of material and the difficulty of securing sufficient labor, con tractors for the new theatre will work day and night until the new playhouse Is completed
 It is hardly probable that the house will be ready before some time in No- vember. as there is still an immense amount of work to be done The new chairs will be here this week some time. and will be immediately installed It