The Birmingham age-herald., 1909-01-17
Exercises Will Be HeIdin Court
 House At AnniSton
CITY WILL LOSE ITS CASE
Cities Cannot Get Use of Road and Bridge Fund, According To a Recent Decision of the
 Supreme Court.

Anniston, January 16.-(Special )-
 The programme for the observation of
 General Lees birthday next Tuesday
 has been completed. The exercises will
 be held in. the circuit court room of the county courthouse, beginning
 promptly at 10:SO. Judge W. D. Me
 carty will be orator of the day and an excellent musical programme has been
 arranged as follows:
 Invocation, Dr. J. H. Foster; opening chorus, "The Bonnie Blue Flag" Read
 ing, "The Two Flags" Miss Jessie An
 derson; piano solo, Sleigh Bells" Miss
 Marie Holt Greene; reminiscence,
 "The Private Soldier" Dr. J. F. Walker vocal solo, Alabama" Miss Florine
 smythe oration. Davis and Lee" II. D.
 McCarty; vocal solo. "The Conquered Banner" Miss Pearl Sterne; reading, ''The Georgia Volunteer" Miss Rosa Jones; violin variations in "Old Ken
 lucky Home," and "Massa's in de Cold, Cold Ground" Mrs Frank Johnston and
 quartet; presentation of crosses of hon.
 or by William H. Forney chapter, U. l D. C.; instrumental solo, Perpetual
 Motion" Miss Margaret Dudley Rey- holds; final chorus, "Dixie."
 | The public is cordially invited and urged to be present at these exercises, 1 as the best musical and elocutionary
 talent of the city have cheerfully given 1 their services to entertain the veterans
 and their friends in honor of the birth day of their immortal chieftain.
 Crosses of honor will be presented
 to the following veterans: J. H. Brick
 Ingram c. M Watkins, E. Young, E.
 L. woolf. B. Mount, J. P. Cochran.
 Prominent Citizen Dead. i J. J. Eubanks one of Calhoun coun- l tvs most prominent citizens, died at
 his home in Piedmont yesterday morn i ing, after a brief Illness. His death
 was a shock to all, as it was very un-
 expected. Mir. Eubanks served two
 terms as mayor of Piedmont and was a councilman of that city at the time of his death. He was also a justice of the peace county school trustee and a
 member of the Piedmont school board He was a public spirited citizen and
 will be greatly missed from various enterprises with which he was con 1 nected He leaves a widow and four small children to mourn his death Effect of Court Decision. ] The holding of the supreme court Thursday in the case of the city of Bir- mingham against Treasurer Miller of
 Jefferson county, with reference to pay 1 ing the city part of the road and 1 bridge fund, foretel1s the decision of | the court In the case of the city of l Anniston against the county commits l sioners of Calhoun for a part of the 1 funds in this county. The supreme
 court held that the provision in the l municipal code that part of the road | and bridge fund of the counties be given to cities is wrong in that the l title of the act Is defective. As this 1 act was passed after the code and not adopted as a part of it. it is forced
 to stand alone, hence in the failure | of its title 1t has to take a trip way l back
 1 This decision of the supreme court 1 sustains the contention of Judge H. D. McCarty attorney for the Calhoun l county commissioners, who had ad- vised the commissioners not to pay the 1 city of Anniston the amount claimed. 1 The city appealed from the decision l of the commissioners court to the city l court where the commissioners were 1 sustained. An appeal was then taken l to the supreme court and briefs sub
 mitted day or two ago, but a decision l has not been announced From the de- l cision in the Birmingham case yester-
 day. however, there appears little hope
 that the city will win.
 Negro Killed By Train.
 At o'clock Saturday morning, Cor oner J. l., Murphy received telephone
 message from Southern railway officials 1 at Birmingham, announcing that a ne- ] gro had been run over by Southern l train at trestle No. 7486, between OK l ford and DeArmonville, and asking the coroner to investigate.
 MT. Murphy, accompanied by Mr. l Bailey, at once left the city to find 1 the body and investigate the cause of ] the negro's death. The body was 1 found and proved to be that of Tom l Davis of this city. His head had been 1 partly mashed off, his left arm torn off and his body generally broken up. The body was brought to Anniston, wrapped 1 in crocus sacks.
 The coroned is of the opinion the ne- | gro was killed by the train, probably as a result of intoxication.
 Death of R. H. Gam. | News was received here yesterday of the death of R. H. Gam, father of S. P.
 Gam. His death occurred at the family
 home near Austell, Ga.
 MT Gam, well-known throughout Geor- gia as. Uncle Rattler," was a pioneer of the Empire State of the south. He
 was an extensive planter. and many years
 ago was famous as an athlete. In the
 old days no 'log-rolling' in his native
 state was complete without "Rattler''
 Gam. and stories are even now told around the fireside of his great strength and endurance. He was a man of pow erful physique, well developed and had never known serious illness until the final
 message of the grim reaper camel He was about 80 years of age at the time of his death and leaves thousands of friends who will mourn the passing of l this well-known Georgian. Deceased spent some time in Anniston during the year 1907 while his son was in the barber bus | mess here
 Race for Constable. The race for constable of Beat 15. which has been very hotly contested between Denyoir D. Green and Isaac B. Gilmore was brought to a close Saturday morn- ing =. a letter from Governor Conner appointing the former to the position to succeed the late W. l. Dale. MT Green is a son of Justice J. F. Green and has been serving as constable for several months He has been dilirent