The Birmingham age-herald., 1909-01-05
STATE WILL FIGHT
 BREWING COMP ANY

| made on the prohibition bill in the United States court next Thursday In the ab- | sence of Attorney General Garber, As sistant Attorney General Thomas ". Martin is gathering the evidence to re- flute the charges made. Hen spent much of Monday at the capitol going over the records of passage He thinks that the bill is impregnable, but is going into every detail so as to be able to forever strength en the position 1t will occupy in the econ omy of the people.
 MT Martin spent some time in the of flee of the governor and later went to the secretary of state where Chief Clerk C. B. Brown gave every help in getting at the records In the meantime the at- torneys for the Cook Brewing company are leaving no stone unturned to make good their contention that the bill is bad in the light of the constitution. The bill in the federal court will be fought out first; after the hearing on it the man. damus to compel the probate judge to take up the matter of issuing license will be forced to the front in the city court
 Lusk on Record Keeping
 Col John A. Lusk, former senator from Marshall and a leader Of the administra- ton forces in the upper branch, thinks that a new system of making up the journals of the two houses must be adopt ed. This plan of giving the clerks 40 days to complete the books is obsolete and ought to be abandoned. His remarks grew out of a discussion of the failure of the King Greater Birmingham bill. '"The journal does not tell the truth, said the colonel. ''It is not a record of what was done in the senate on that bill"
 Colonel Lusk then told of the machinery of the law-making bodies. Minutes are kept each day, from which a temporary journal is made, this journal to be read and adopted as correct by the journal committee. After It's adoption 1t is too easy, thinks the colonel, to make errors. He thinks that the books should be made up and approved by the two houses te- fore adjournment, so that the possibili- ties of errors, or even wrong doing, is cut to the very lowest limit. A commission should pass on the journals before the two houses end any term he thinks.
 Costs Will Run High.
 Some idea of the cost of fighting the railroads in the litigation over the new laws adopted by the state is gathered in the fact that the printing alone in the ap- peal to the court of appeals will run to $7000 The record in the case of the South and North railroad has been received from tho clerk of the United States court of appeals at New Orleans, and 1t con tains SIS printed pages. That of the Louis- vile and Nashville will be twice as much, while the Central of Georgia, the Nash fl,a Western of Alabama will not be so much. These cases were decided against the state in the district court of Judge Thom- as G. Jones several months ago. It was | hoped that they would be argued by the | last of the year, but the enormous amount | of work incident upon printing the records has been a cause of delay. As 1t looks 1 now the arguments may not be reached until later in the spring, and the decision, therefore, will be deferred longer than was anticipated. It was thought by many that to have appealed one case would settle all questions, but the state, desir- ing to be on the safe side, thought best to take all five of them up. Lawyers have been forced to await the record before making up briefs.
 Governor In New Mill. B. B. Conner, the governor of the state, and his son, Donald Conner, were among the incorporators reported to the secre- tary of state Monday of the Cowikee Cot ton Mills at Eufaula. The capital stock is given at s10O,OOo and general cotton milling business is authorized. The other incorporators are M. F. Cherry, A. T. King, Anna T. Crawford, G. L. Conner, H. Lampley F. w. Jennings, A. H. Merrill, East Alabama National bank, A. H. Mer- Till, A. T. Guice, M M. Berringer, H. Echloss, J. M. Edmondson. M Kohn and A. Beringer.
 The Bank of Standing Rock, Chambers county, has been reported to the secretary of state with capital of s25,0OO, F. E. Galloway and others incorporators.
 Much Money Received.
 State Auditor Brandon received for Monday $166, 300 in taxes for Il counties, this being a part of the December remit tance. The funds are coming in rapidly now, the end of the year bringing them up.
 Railroad Car Building.
 Local lumber men report several car material bills in the market, among them an order for 100000 feet recently sold to the Louisville and Nashville road. This is to be used largely, it is said, at the Decatur shops, guaranteeing work for many high-priced mechanics. The re- ports also indicate that the lumber mills are running aDOuC ID per cchI ol tho hoi- nal output, with stocks sold ahead for several weeks. Prices, however, are not as good as they might be.
 Voted on Bond Issue.
 MoAtgomery county voters voted an- other $150000 in bonds on Monday, the money from which is to be used on the county roads, either in new highways or Keeping up of old ones. The county only recently sold $250O00 for the same purpose and nas now built a road in every direc- tion from the city to the county line.
 State House News.
 J. H. Nunnellee, recording secretary to Governor Conner is back at his desk after two weeks vacation spent in Dallas and other counties He reports having had good time.
 Gov. B. B. Conner is back at his desk after a few days out of the city. He spent one day of the time, in company with J. Craig Smith of the convict de- partment at the home of Mcqueen Smith. in Autauga county, shooting doves.
 Dr. Thomas M. Owen, director of the denartment of archives and history, is isl the east for ten days. He has been vis- ting the great literary centers, notably Boston
 Minor Appointments. The following minor appointments have been made by the governor:
 Notaries public, G. l.. Lively of Bir- mingham, M c. Barton of Lynn. Win ston county: Alfred Proskaner of Mobile; John M. Rabb of Brewton, w. F. Pritch- | ett of Linden. Marengo county. | Notary public and justice of the peace, I. R. Lowery of Danville, Lawrence coun-