The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-13

reported measures, Is a bill by Senator
Irwin. to repeal section 2lS5 of the code
relative to the removal from office of
railroad commissioners by the governor.
This Is an echo OF the Brown and Nc
Lendon cases. and the latter is now pend
ing in the state supreme court. In the
case of Gray VS.. McLendoD, involving
the right to the Office of railroad COM
missioner, the supreme court will be
called upon to pass upon the constitu-
tionality of this law, and should the
court hold that 1t Is invalid, there will
probably be no further objection on the
part of the legislature to removing it
from the statutes.
One of the grounds upon which the
particular code section Is attacked be-
fore the supreme court. in the argument
heard yesterday, is that 1t makes no
provision for giving the railroad COM
missioner a hearing before his suspen-
sion by the governor. and one of Mr.
McLendon's Complaints Is that he was
suspended by Governor Smith without a
hearing. This ground was sustained in
the decision of the lower court. and the
supreme court will have tc pass upon 1t.
The supreme court will finish with ar
gument on the present call about De-
cenlber TO- and will then begin handing
down decisions. It Is generally believed
the MoLendon case will be among the
first to be decided. A decision in the
case Is looked for about January /, or
very shortly thereafter.
Mr.. McLendon appears supremely con-
ident of victory. When recently SUM
moned as a witness to make an AFFIDAVIT
to be used In case on trial in the
United States court, he was asked II his
home were in Atlanta and how long ne
expected to live here.
Yes he replied, land I expect to live
here until December /, 1913" That Is the
date of the expiration of the term for
which he was elected.
Confederate Reunion.
Invitations are being sent out by Pen
sion Commissioner J. w. Lindsey to the
surviving members of the legislature of
1885, urging them to be present at the
coming reunion, which will be held here
on December IS.
Commissioner Lindsey has received a
large number of replies, and among
them now and then letter announcing
the death of one of those who was
thought to be still among the living. He
expresses the belief, however, that fully
10 per cent of tho members of that gen
eral assembly ars still living.
The extraordinary session Of this gen.
eral assembly will be convened In the
hall of the house of representatives at
10 O'Clock on the morning of December
ps. and will be presided over by former
Gov. Henry D. Mcdaniel. Arrange
ments for a banquet are also being
made.
This was the legislature that enacted
the first local option law in Georgia. 1t
was the same also which was adjourned
by Henry w. Grady, a private citizen,
on the occasion of the election of DEM
ocratic President, Grover Cleveland
Anti-Hookworm Congress.
Half a dozen governors have replied
favorably to the request of the Atlanta
Chamber of Commerce to appoint dele
gates to the anti-hookworm conferences
to be held here under its auspices, Jan
uary 18.
The governors themselves state they
would be glad to attend personally, but
for the fact that the conference OF gov
ernors with the president is to be held
about that time in Washington They
will. however, send delegations to take
part in the Atlanta meeting. which Will
bring togethers many prominent pnysl-
clans. state health officers and others,
including several members Of John d.
Rockfellers commission for the eradi-
cation of the hookworm.
The Atlanta Chamber of Commerce has
determined to conduct as extensive and
effective a campaign as 1t can devise
against this pest, and will endeavor to
do much educational work throughout
the state during next year.