The Birmingham age-herald., 1908-12-22
FAILURE OF CASE
 IS DISAPPOINTING Ruling Desired sn the Contract
 Labor Law HISTORIC WOOD GOBLET pr. Charles F. Bush of ThomasviIle Is Appointed Jail and Cotton Mill
 Inspector to Succeed
 Bragg, Deceased.

Montgomery December 21.-(SpeciaL)- The failure to get a ruling on the mer- its of the Alabama contract labor law in the Alonzo Bailey case Is a disappoint- ment to many in the state, it having been hoped that such would grow out of the litigation. It is thought that this would have been done if Attorney Gen eral Bonaparte had not gotten into the litigation, the technical question not be- ing raised until after the filing of his brief.
 Baily was indicted for failure to keep a contract to render certain labor. It was held that the action of the defense in such alleged failure was such as to indicate an intention to defraud. The supreme court of Alabama had held that the law under which he was indicted is good if such evident intent to defraud is shown. Hence on a motion to release on habeas corpus, Judge w. H. Thomas refused release. An appeal was taken, the lower court having been sustained in this case by the supreme court
 On the first filing of the appeal be- fore the United States supreme court, Bailey was represented by Fred S. Ball and E. s. Watts of Montgomery and the state by Attorney General A. M. Garber and his assistant Thomas w. Martin. However, after the papers were put in At torney General Bonaparte, having his at tention called to the situation. asked to be allowed to file a brief, which he did. He said that in effect the action deprived Bailey of his liberty without due pro- cess of law and was to all intents and purposes Imprisonment for debt.
 Under a tacit understanding among counsel technicalities were not raised in the first filing of the case in Wash ington, but when the attorney general of the nation sought to have part Messrs. Garber and Martin raised the question of Jurisdiction, holding that as the action was on application for release on habeas corpus and not before the highest court of the land in such way as to be ac- tionable with view of settling the mer- it's of the act in question. This view seems to have been taken by the court
 The result will be that the act will be in doubt until a case is taken on it's merits This will be done by Messrs. Ball and Watts. They expect to go to trial with Bailey, have him convicted, as it seems he will be, appeal to the su- preme court of the state and of the United States, 1t being the intention of the men interested to get a ruling on the merits of the statutes, held to be questionable if not bad by many of the best legal lights of the south and the state.
 Historic Goblet of Wood.
 Dr. Thomas M. Owen, director of the state department of history, has received a large wooden goblet. gift of William Bell, one of the old soldiers at the Sol diers' home at Mountain Creek. It is made from a log dug up from several feet under ground on Jackson's old road between the plains of Chalmette and New Orleans. It was sent to MT. Bell by relative.
 No January Court.
 Because of the sessions of the city court, the proposed January term of the federal court at Montgomery will not be held. Judge Thomas G. Jones has noti fled the clerk to this effect. Clerk Dim mick and H. H. Purcell of Houston coun- ty, jury commissioners, will draw the juries for the opening term at Dothan, a date for which Judge Jones will set later. Judge Jones will return home Thursday.
 Jail Inspector Named.
 pr. Charles F. Bush of Thomasville has been appointed jail and cotton mill inspector to succeed the late pr. Shirley Bragg He will take over the office at once and begin his duties. Dr. Bush will be the second man to hold the place, it having been established by the last session of the legislature. It pays $2400 a year. with an expense account and chief clerk.
 Dr. Bush Is 32 years of age. He is graduate of the Southern university at Greap shoro and of Vanderbilt and took