The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-29
EVANS MADE JUDGE
OF SUPREME COURT
Barbour County Man Is APP
pointed BY Conner
SOLLIE SUCCEEDS EVANS
No More Homemade Wines in Ala
bama-Ralph Garner Appointed
Assistant Bank Examiner-New
"Joker" Found in Code.

SSNSs WIN vi OOd(a
Montgomery, September 2S.-(special.)-
In the appointment of Judge A. A. Evans
of Barbour punty to the supreme court
bench, Gov. b. B. Conner has given place
to the first man to come from that Sec
ton in manyNyears. Geographically it
must be a very satisfactory choice. AS
the court now stands North Alabama has
two, Simpson and Mcclellan; Middle Ala
bama three, Dowdell, Sayre and Mayfeld;
Southwest Alabama one Anderson. This
will give one to the southern part of the
state.
In the race that must now come there
will be three to be elected for the term
beginning January. 1911, the time of Chief
Justice Dowdell and Justices Anderson
and Evans ending with next year, and
one for the term ending with 1912, that
year terminating the present tenure Of
Judge Sayre, who was appointed to the
vacancy left by promotion of Judge Dow
dell to the supreme bench. Thus Sayres
under the law, will have to run for two
year term before he can get full term.
In all cases of vacancy the man APP
pointed can only serve to the next regu-
lar election.
Domestic Wine Cut Out.
There can be no doubt but that the IL
quor laws cut out domestic wine manu-
facture in this state. The ruling of At
torney General A. NJ CARRIER leaves no
other way out He has said that no wine
with enough alcohol to prevent its sale
under the laws can be exhibited at state
fairs fairs of any other sort. BY the
same process of reasoning it is pointed
out by good lawyers, no wine SO classed
can be made without violation of the
acts.
The law allows a man to drink and
serve liquors in a social way in his own
home, but nowhere makes aAprovision or
exception whereby he may make liquors
for such social serving. Hence, while
man may drink at his home and buy in
legitimate way for such drinking. outside
the state, he can not make anything of
an alcoholic nature or have part in such
manufacture. The result is that there
must be no more making of blackberry
and grape wines by the Alabama house
wives. This will mean great loss to fam
lilies which have in the past made cordals
and drinks of this kind for own use.
Sollie Gets Place.
Soon after reaching the capitol today
Gov. B. B. Conner announced the ap-
pointment of Mike Sollie a well-known
and popular lawyer OF Ozark to the cir
cult court bench, to succeed Judge A. A.
Evans, whom, on Monday. he named TO
the supreme court to succeed Judge N D..
benson. resigned. Mr.. Sollie was a men,
Der of the constitutional convention and
served for years on the state democratic
committee. He is regarded as in every
way fitted for the duties AS court is in
session at Ozark he will take the oath of
office at once.
To National Supreme Court.
Because Chancellor Gardner, in the
Lowndes court, ruled that Judgment
by agreement, though out of line with
the case, was legal an opinion sustained
by the supreme court of the state, W.
A. Gunter who lost the suit against
Evans Hinson. will appeal to the supreme
court of the nation. The ruling is in
line with the decisions of the Alabama
courts for many years. The papers are
now being fixed up for the Washington
tribunal, which will meet the first Mon
day in October. The case of William
Biard VS.. A. p Howison, from the cham
Gerry court of Jefferson county, won by
Howison, and involving the title to a
coal mine, will also go up to the national
tribunal.
Game Law Seasons.
In view of the near approach of the
hunting season the game law seasons are
given: Wild turkey, December 1 to April
/; quail, November 1 to March 1; swans.
geese brant, duck, rails, coots, etc., Sep
TENDER l to March 1; snipe and plover,
November l to May l. All pheasants are
protected to December 1, 1912, and after
that time the open season will be No
vember to December Is. beers, other than
females and does, may be killed from
November l to January /; squirrels, Au-
gust to January / and May 10 to June
ID; one deer, two turkeys and 20 game
mer, on yesterday notified Ralph Garner,
day.
Garner Is Named.
1t develops today that Gov. B. B. Co
mer, on yesterday notified Ralf Garner,
one of the clerks in the office of the state
treasury, that he would be appointed as
sistant bank examiner, to take one of
the two places created by the last legisla-
ture No announcement has been made
of the appointment, but Mr. Garner will
be selected. Mr.. Garner Is son of Will
liam Garner Of Ozark, a member of the
legislature and prominent as a banker
and business man. The young man has
been in Montgomery some time and will
have a large number of friends in all
parts of the state to congratulate hnS>
Very Clever Little Joker.
A new joker in the code gives unlimited
power to the governor to remove Officers
of the National Guard at WILL and with
out appeal In this he has more authority
over the military of the state than the
President of the United States over any
arm of the service. Here is what the
code, section 929, says: 1.-The governor
shall have the power whenever the good
of the service requires 1t. to suspend any
commissioned officer, or to remove him
and cancel his commission
This was not a part of the old law,
section 1852, code of 1896, and 1T is hardly
likely that ten men in the state knew
about it. BY this the governor can re-
move an officer If he sees fit. and give
no explanation, and go so far as to de-
prjve him of his commission. If this had
been the law when Col. e. L. Higdon of
the Third regiment and former Gov.
William D. felix's were in that notorious
1t is not hard tp guess wat
HOY tO thh colonel Nil