The Birmingham age-herald., 1907-08-19
Change Will Take Place in
 Huntsville Affairs
SCHOOL MUDDLE SETTLED
New Board of Education Will Be Se- lected Tuesday Night and They Will Select Superintendent
 and Principal.

AtiNf <hd6uot ios-AD HHEldl. J. l6 fact that the local bill creating board of education for the Huntsville school dis triet had been rendered null and void by the municipal code bill became known here yesterday. It was generally believed that the local bill had become a law after the enactment of the code bill, and the fact that the latter with is clause 1e- pealing all general and local laws in con fiiet had only recently become a law was surprising to the general public as well as city officials and the members of the board.
 Paul Speake, W. l. Welman, James II. Pride, Jackson Rand and R. E. Pettus composed the board created by the local nlll and they had already assumed their duties, having elected a full faculty for the city school Prof. S. R. Butler, coun- ly superintendent of education. had been elected superintendent of public schools with R. P. Wills as assistan.
 The creation of this board had been re- garded as q solution of the school mud dle which has cost the city and state many hundreds of dollars in the malnten- ance of separate schools in this precinct There was no opposition offered by any faction in city politics to the enactment
 
 agreed to pay over to the board what ever sum of money was required, in ad- ditlon to the state fund, for the opera tion of a frst-cass school.
 By the terms of the new municipal code law the selection of the board of educa- tion rests with the City Council, and that body is required to name five members to serve one, two, three, four and five years respectively. When the time comes round for the election of successors to the in- cumbents on the board. the term of office will be five years All monies intended for the of the schools of this dis trlct must be paid over to this board. The only material difference caused by this miXup is that the City Council instead of the members of the legislature, will di- rect the policy of the city schools The new board will be elected next Tuesday night. The City Council will name the members of the board and they will in 1 turn elect city superintendent and 1 principal There will probably be no 1 change in the city school faculty ex- cept as to the principal.
 Will Double Stock.
 The owners of the stock of the Rowe Knitting company of this city will hold meeting here on August % to consider the question of doubling the capital stock | with a view of doubling the capacity of then plant and relncorporating under an 1 other name An interesting rumor in this l connection is to the effect that W. I. i Wellman of this city, treasurer and gen. eral manager of the corporation, has ac ! quired a majority of the stock. MT. We'll man Is in favor of expansion. and whether 1 he controls the majority of stock not. 1 1t is believed that the stockholders will l provide for the doubling of the plant, 1 which now represents an investment of l about $150000.
 New Secretary Elected.
 The Huntsville Business Mems club mas l elected c. B. Carlisle, literary editor of l the Syracuse, N. Y., Herald, as perma- nent secretary of the organization, which is composed of 300 active members. MT l Carlisle made the club a proposition and 1 it was accepted by the directors. He w,l 1 begin his duties on next Monday Mir 1 Carlisle has had a great deal of experi- | ence in this line of work. having been general manager of the immigration board 1 of the state of Oregon for number of 1 years before going to Syracuse. He be- 1 lieves that well directed efforts by the l organization will result in the location l of dozens of new industries here as well as hundreds of farmers from the north. utes for freight and passengers These l SIdIuleS nave DttI SuHlicihfh anu Fli- 1 joined and are not in force now. The l statute which provides pains and penal ! ties and forfeltures for doing domestic ] business because of the institution of i the suit testing rates in this court, Is | unconstitutional and void. There is no color of authority or any law which sup i ports the right to indict complainant or arrest its employees, or to Justify civil suits against it. because 1t transacts it's 1 b,tc the nrOVigiOng of void and unconstitutional statutes, or those whose operation has been lawfully suspended and enjoined. When any per son, official or otherwise, sues out war rants and makes arrests he becomes trespasser. There is no legal warrant for his acts. The law does not justify it. and cannot shield him. The follow ing quotation from Vicksburg Water Works company against Vicksburg, 1S5 [. S. 65, is quite pertinent here. In that case il was eontended in the supreme court that it was not shown that any actual proceeding had been begun to de- stroy complainants rights. and that Mere apprehension that illegal action might be taken could not be the basis of entoining such an act" and that the supreme court should have dismissed the bill Put the supreme court answered: "It is one of the most valuable features of equity jurisdiction to anticipate and prevent threatened injury where damages would be insufficient or irrepar- able The exercise of such Jurisdiction is for the benefit of both parties; In dis closing to the defendants that he Is pro- ceedini: without warrant of law, and in protecting the complainant from injuries which if inflicted. would - wholly de- structive of his rights" We repeat. there is no crime here The laws alleged to support it are not in force. They have been either declared unconstitutional suspended by operation of law. There is no law which authorizes any tribunal to fine or imprison complainant or It's agents. The jurisdiction of no tribunal. civil or criminal is invaded Fundamental con- stiutional rights of complainant and vast interests of the public are concerned The mails of the United States and interstate commerce will be subjected to destructive interferences.
 It is not a question of rates or what the final proof as to this will show. It is not. as some have thoughtlessly said. a question whether a corporation shall be made to submit to the law. The issue raises far above that. Inc question pre- sented is whether when an alleged right is presented in the courts, the suitOr shall be permitted to have the benefit of the final judgment, whatever 1t may be and whether executive officers, in order to deprive him of such right. may disregard and Ignore the orders and de- crees. usually made in the courts hav- inp jurisdiction of the case. In short 1t is whether we shall have anarchy or A government of laws. Today 1t is the t,,.,-dio+tor of the federal court which