The Birmingham age-herald., 1909-05-22
RAILROAD FIGHT
 AGAIN RENEWED Mobile, Jackson and Kansas City Road In Lawsuit CONTEMPT IS ALLEGED Misunderstanding Exists In Regard to Presentation of Silver Service to
 BattIeship and Governor
 Noel States the Facts.
CONTEMPT IS ALLEGED

Jackson, Miss, May 21-(Special.) )-As- sistant Attorney General George Butler and former Assistant Attorney General Flowers now attorney for the Mobile Jackson and Kansas City Railroad com pany here, left last night for Tupelo, where they take opposite sides in the con- tempt proceedings instituted against that railroad company by the attorney gen. eral several days ago, and which was transferred from Pontotoc ito Tupelo by agreement of the attorneys. The case comes up before Chancellor Robbins to- morrow.
 This Is a case growing out of the order of the railroad commission to the Mobile, Jackson and Kansas City to standardize its tracks and use it's old depot at Pom totoc. The tracks were fixed. but the road continued to run out from the town with its main line and reached it's old depot in the heart of the town by spur track about one mile long. The state contends that the company showed contempt of the courts of the state when 1t failed to carry out instructions to the letter.
 Governor Noel states there is yet good .deal of misunderstanding as to the invi- tations and the arrangements for the sil- yer service presentation at Horn Island on June l, and he would again state that no invitations have been sent. nor will any be sent to citizens of the state. The newspaper invitation is the only Invita- ton that has been issued to citizens of Mississippi All officials of the state. and chancellors and surviving commissioned officers of the Confederate army are ex- pected to be present.
 The governor also desires it made known that the government will furnish means of transportation from the mainland to the battleship, and that the start will be made at 9 a. m. June 1. Only 250 can go on board the tender at once, however.
 United States marshals from California arrived in Jackson today having in charge Frank Scott, former clerk in the post office at Rosedale, who was checked up short in his accounts some 5000 year or more ago by the late Postoffice Inspector Charles Fitzgerald, and who left the coun- try before the indictment charging embez- 
 grand jury at Vicksburg.
 It is understood that the shortage has long since been made good by relatives of the young man, who seems to be black sheep of the family, but the government
 will prosecute just the same The young
 man was placed in the county Jail here 1 and it is understood he will give bond for his appearance and be released. l An afternoon paper here having stated
 that ex-Governor Lowry would not go to the Confederate reunion at Memphis | because of his physical condition that | venerable statesman requests the follow l ing printed, showing that he has by no means abandoned hope of being with his l old comrades one more time, saying: | "The Jackson Evening News was misin- | formed in regard to my going to Memphis | to the reunion on June 8, and 10. My de- 1 sire to go is very great, but 1t is pos-
 sible l may not be able to do so. My | physicians think that if continue to im- 1 prove l will be able to go.'
 Governor Lowry has been commander of
 the Mississippi division for several years and there thousands of old comrades
 who wore the gray who will rejoice that
 there is a bare prospect he will be able | to be with them at Memphis. Governor
 Lowry has been sick, desperately so at 1 times for several months. and two weeks | ago 1t was feared that he would never | live to return from his visit to New l Orleans. but he fooled the doctors, re- turned to Jackson and has been growing | stronger and brighter ever since he got l back among his friends and neighbors. l His one great desire is to attend ...e l Memphis reunion. His will is stronger | than his rugged constitution, and the vet l erans of the southern army need not be
 surprised if Gen. Robert Lowry shows up 1 and answers to the roll call.
 CLIPPED.