The Birmingham age-herald., 1908-10-04
Session Will Begin In Mont
 gomery en October 19
DELAY IN RAILROAD CASES
Statement of Funds Used and Avail able for Election and Repair of Rural School Houses Shows
 Balance of $34,o0o.

The federal court of appeals will hold it's fall term for Montgomery beginning Mon- day, October 19, at which time a num- Der of important cases will be taken up. Though they are a part of the docket the railroad litigation suits which went against the state in the lower court will not be reached, later date at New Or leans to be set. It was not possible for the state to get ready by that time. Among other interesting causes is that of Alex Birch vs. N. L. Steele, grow ing out of the controversy between Judge Thomas c. Jones, of the Northern and
 Middle districts, and Judge Oscar Hund- | ley, of the Northern district, as to which 1 has the right to appoint the referee in bankruptcy.
 The full docket as made up by Clerk c. H. Lednum is as follows | Monday, October 19- Railroad commission of Alabama ct al vs. Central Trust company of New | York.
 1 Railroad commission of Alabama vs. l Western railway of Alabama. Railroad commission of Alabama vs. Central of Georgia Railway company. | Railroad commission of Alabama vs. ] South and North Alabama Railroad com pany
 | Railroad commission of Alabama ct al vs Nashville and St. Louis railway. Railroad commission of Alabama ct
 al vs. Louisville and nashville Railroad company.
 John Vory ct als vs J. F. B. Jack | son.
 w. M. Smith, trustee, ct als vs. Pratt
 Consolidated Coal company ct al. | Tuesday, October 20 T. E. Hayne, administrator, vs. Ten
 nessee Coal, Iron and Railroad com | pany
 | J. T. Noojin ct al vs the United States. J. T. Noojin vs. the United States. | Miles Barnes vs. the United States. | Wednesday, October 21- 1 J. F. Steward vs. Southern Railway | company.
 I Peler Bolander vs. Joe Phillips. l Clyde Gvin, by next friend vs. South | ern Railway company.
 Thursday, October 22- Metropolitan Life Insurance company
 vs. Eliza A. Williamson
 Fidelity and Casualty company vs. Ro-
 berta Carol
 ! Southern Railway company vs. w. W.
 Echols.
 | Southern Railway company vs. Joseph
 Lyons.
 Friday, October 23- i W. K. Syson Timber company vs. Da- | vfd Stonehouse, claimant. 1 Alexander c. Birch vs. N. l.. Steele. For Rural School Houses.
 A statement of the funds used and
 available for the erection and repair of
 rural school houses has just been made : by w. F. Feagin, chief clerk to the su- 1 perintendent of education. 1t is shown | that from March g. 1907, to September 30, ! 1908, the total amount of the state appro priation was $99, 714,09. Of this amount the l counties used $65 153. .S9, leaving an unused
 balance of s94,571.S3. This balance will ! be ready for any counties that may re- 1 quire it.
 This money is derived from the sale of | tags for the business of selling fertilizer.
 One thousand dollars goes to a county ! and is paid out only when like amount ! is give by the citizens. For instance, ! district to get s100 from the state must ! deed the lot to the state and give as
 much in cash. Several of the counties
 used all their allotment, including FL
 more, Geneva, Jackson, Lauderdale, Pike,
 Randolph and Tallapoosa. Mobile and l Clarke counties have all theirs left, not , having used a cent.
 Davidson Would Quit. i J. W. Davidson head of the republican | wing bearing his name, has asked that
 his ticket be withdrawn from those to be voted for in the state elections in No-
 vember. Along with this are also re- | quests from a number of the men in his | party to do the same thing. In order
 that the requests can be granted, how | ever Secretary of State Frank N. Julian | must have it from the chairman and sec 1 retary of the convention that made the
 nominations, and each individual nominee
 must join in the request. This indicates that the split in the | ranks of the republicans is about to be
 healed. For some time it has been the ! hope of all members that the members 1 might get together and save further 1, trouble. It is thought that this will now | be done and that not only will there be a general support of the Taft ticket, but an understanding as to the division of the | pie. Monday is the last day on which a man can be taken from the ticket lists and if MT. Davidson and his associates are anxious to be relieved they must get very busy very fast.
 Making Up State Ticket. After midnight next Monday no changes can be made in the nominees for the ticket to be voted at the No
 vember election. Secretary of State Frank N. Julian and his chief clerk, Cyrus B. Brown, have been working hard to get the ticket in shape and on that date it will be certified out to the probate judges. Each judge will have to make up his own ticket so that county and beat officers can be put on Along with the names will go instructions about the general elec- tion and the voting on the three amend- ments to the constitution. EorAe<are Nop,i,o
 State Game and Fish Commissioner John H. Wallace. Jr.. has been notified that G. H. Foster has been assigned to forestry work in the state. This comes from National Forester Pinchot and is in response to a request made by the Alabama forestry commission some weeks ago. MT Foster will bring the Ala bama service up to a high standard. as other states are waiting the outcome with this state to determine their own actions.
 Franchise Hearing.
 The fight of the Atlantic Coast Line against the payment of the new franchise tax will be heard before Judge A. D. Sayre Friday, October g. The money was paid under protest to the probate judge and the suit is to recover on the ground that it is an illegal tax In the case of the Louisville and Nashville heard some time since Judge Sayre held the law to be good and the tax collectable.
 ,An nn