The Montgomery advertiser., 1908-09-28
STATE BUSY
 WITH COURTS Heavy Work of the At torney General. OFFICIALS HAVE MANY SUITS Filing of Secretary of State Julian's
 Answer is Expected. wfu settle Long Disputes as to Em- eacy of Anti-Rebate Insurance Lawsuit for Apportion-
 ment of Funds.
OFFICIALS HAVE MANY SUITS

With perhaps the busiest week of the year before them, Attorney General Alex M. Garber and Assistant Attor. ney General Thos. W. Martin Will have their hands full beginning this morning.
 Already 1t has been said that the work of the Attorney General since the advent of Colonel Garber into of Ice has probably more than doubled what 1t used to be. Certain 1t Is that the duties of the office have multiplied greatly with the present administra- ton, owing to the addition of depart ments to the regular State government and the enormous amount of litiga- tion during the past year in the name of the State.
 In all this litigation the Attorney General Is required to take hand. He must likewise/ and at the same time attend to the numerous inquiries which pour in from the State departments |. These requests for opinions necessar- fly are most frequent with the first year or two following a session of the Legislature with such varied results as that of 1907.
 It is probable that this week will witness the filing by the Attorney Gen. eral of the answer of Insurance Con- missioner Frank N. Julien to the suit of the Guarantee Life Insurance Con- pany of Houston. Texas. It Is under stood that this answer is about ready for filing.
 This is regarded among insurance men as an important piece of litiga- ton. It is a temporary restraining or der of Judge Sayre. of the Montgom- cry city Court against the State In- surance Commissioner, prohibiting him from interfering in any way with the business of the Guarantee Life in this zf of fa aQAnfa- The proceedings of the company followed the action of Commissioner Julian in cancelling the licenses of the company and its agents on the charge of violat- ing the so-called anti-rebate law Of Alabama.
 It had been charged that the life insurance company which was granted its first license to do business in this State last March has engaged in the practice of selling the now noted "spe- cial" or advisory board" contracts in connection with policies of insurance, offering therein preference to the hold CTS of such contracts in that their fu- ture premiums are credited with div idends that are not apportioned to the insured not so fortunate as to get in this class.
 Interest Among Agents.
 The final disposition of this case is awaited with interest, especially by the agents of the long established com panies operating in this State, as they more than anybody else, are anxious to get an interpretation of the Ala barna law which will give 1t force and application sufficient to drive out all discriminatory practices in the sale of life insurance.
 Another suit in which the State will be interested probably before the close of the week is the anticipated pro- ceedings of Montgomery educational authorities against the State Depart ment of Education. Mayor-elect Cas- ton Gunter has said itN was his inten- ton to bring a friendly suit against the State Superintendent of Educa- fion, Hon. Harry c. Gunnels, with the view Of having the city's share of the State common school fund disbursed to the City Board of Education in- stead of through the County Superin- tendent of Education.
 If Mir. Gunter brings such proceed Ings-which will probably take the form of a petition for mandamus-and if successful. 1t would result in dis arranging the present methods of the Department of Education. The State Superintendent makes no exception in disbursing the school funds and sends the money direct to the counties as units leaving 1t to the county educa- tionai boards to apportion the money 80 received among the several dis trfcts with the view of securing school terms of as nearly equal length as pos sibie. The State Superintendents ap- portionment to the counties is based absolutely on the census reports there- of, whereas the county boards are by statute required to look alone to the uniform length of the schools.
 It is the contention of Mayor-elect Gunter and others in Montgomery that the sestion of the Municipal Code Act passed by the last Legislature and of which he Is the father, proclaims the independence of the city districts in the matter of receiving the States school money.
 It may all result in a protracted legal battle of vital importance. If the suit Is filed 1t will probably be before October 1. as on that date the Department of Education makes its ap- portionment of funds in the same old way to the counties unless restrained by action in the courts.
 It is not known what will be the outcome of the States suit for penal ties against the Central of Georgia Railway on account of the alleged cot ton compress discriminations. The suit of the Railroad Commission for injunction against that road and which was lost by the decision of Judge Sayre Saturday was so akin to the penalty suit that the hopes for win ming the latter have diminished con- siderably.