The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-11-10
CAN A GUARD KILL
ESCAPING CONVICT
May Be Question for a Jury to
Decide
RETURNS ARE NOT ALL IN
Effort Is Being Made To Revive Unit
ed Sons of Confederate Veterans
in the state-Low Rates
On Tombigbee.
RETURNS ARE NOT ALL IN

Montgomery, November 9.-(Special)-A
guard may shoot convict who is at
tempting to escape, provided that is the
only way to prevent his escape. However,
the fact of whether or not that is the only
way to prevent escape may be in the end
a question for a jury. The opinion was
given j. Craig Smith, head of the convict
department
The opinion of Colonel CARRIER is in line
with one given former Governor Jones by
the late W. L. Martin, attorney general.
on May 81, 1901. He concluded that a
guard may shoot convict that is trying
to escape and need not wait to ascertain
whether or not the prisoner Is a felon or
a misdemeanant. However, the right, he
says, may ultimately become a question
for jury. Colonel CARRIER says that he
fully agrees with his predecessor and
holds that no set rules can be laid down
for cases of this kind.
Returns Not All In.
Quite a number of counties have not
made return of the figures of election
held last Tuesday. Among the delin-
quents are some of the most important in
the state. The law says that the re-
turns must be counted within 10 days by
the governor, the secretary of state and
the attorney general or two of them.
The DUTY, therefore, will fall on Secretary
of State Frank N. Julian and Attorney
General A. M CARRIER, in the presence of
Governor Conner, who, while away, will
likely be in his office in time for the
count to be made. The governor has gone
duck hunting in Mississippi for a few
days.
For Sons Revival.
DIR. Thomas M. Owen, formerly COM
mander-in-c chief of the United Sons of
Confederate Veterans, who, chairman
of a committee on regeneration of the
confederation, is at work on a plan to re-
organize the body. is much encouraged
over the response that has come to his eff
forts. He has sent out number of let
tiers and they are being answered, and
he feels that by the time the committee
is ready to make report it will have a
definite proposition to submit whereby the
organization can be much more effective
1t has influence over about $1,000 young
men who are of necessity interested in all
that pertains to the history of the war for
secession, and the care of the heroes of
that conflict, wherever they may be and
however they may need attention.
Low Rates On Tombigbee.
rrIo Alabor,o iIrood commission baa
allowed the Southern Express company
to put on rates on the new Tombigbee
Valley railroad that are higher than those
of the state schedules. This grew out of
the fact that the road, being new, is al
lowed a rate that is higher than the
express company. This is a new road,
taking in Chatom, the new county seat of
Washington county, and running into
Choctaw county, which, up to year ago.
had not a single enterprise that could be
classed as public service corporation.
Last Gall Is Made.
Commissioner of Agriculture j. A. Will
kinson has sent out the word that all
fertilizer brands not registered by De-
cember will be denied sale in the state.
This is in accord with a new law and it
cannot be varied from. The commissions
er says: "All brands of fertilizers, in
Guiding mixed fertilizers, acid phosphate,
KANT. murate of potash, sulphate of am
monia, bone meal, nitrate of soda, ETC., to
be sold or offered for sale must be reg
istered in the office on or before Deem
Der l of this year. 1t is explained that
new firms coming in after December l
may register within 80 days. This call is
thu last and the manufacturers are
warned not to disregard it.
New Corporations.
Secretary of State Frank n. Julian has
received notice of the following new cor
porations: Increased capital stock of the
Hervey Hotel company from $4,000 to
100000 The company operates in Mo-
bile
Incarceration of the St. Stevens and
Herzield Lumber company of Alexander
CITY. The company is incorporated at
$40 900, paid in, and has as its incorpor-
ato.s ]. M. Stevenson, Harry Herzfeld
and R. Herzfeld.
The South Orchards company Of Mobile
gave notice of it's Incorporation with a
capital stock of $1,000 authorized and $3.50
paid in Incorporators: Percivial L.
Smith. Leslie G. Swartwout, Albert N.
Eastman, William Jay Cooke and George
L. Wise.
The Mutual Fertilizer company of
Ozark announced it's Incorporation with
a capital stock of $4,000, fully paid in.
Incorporators, j. E. Henderson and
others.
Announcement has also been received OF
the incorporation of the Cochrane Hotel
company of Pickens county,> with paid
In capital stock of $3.50. incorporates,
rS1..