The Birmingham age-herald., 1909-03-11
COMMISSION |S
 CALLED 10 MEET
Steps Will Be Taken To Pur-
 chase Silver Service
MAT TIERS ARE IN DISPUTE
Commission Will Decide Whether To Purchase for BattIeship Missis- sipp Service To Cost
 $7ooo Or Less.

Jackson. Miss. March 1O.-(Specal,)- Governor Noel has called a-meeting of the silver service commission fer lo o'clock Thursday morning, having satis- fled himself that all the members of the commission will be in town. And it is supposed that Mrs. Lockwood, the Crys- tai Springs lady who raised most of the funds, Will also be present.
 This meeting is the outcome of a let ter addressed to Governor Noel chairman of the commission, by ex-Governor Varda- man, another member, who wrote to ad- wise that he had deposited a certified check for the $1704.S0 collected while he was governor of the state with the state treasurer. In this note ex-Governor Yard aman suggests that bids be called for again. but 1t is not believed here that that suggestion will be acted upon favor ably, one-half of the commission taking the position that to do so would be un- fair to those who have already submitted bids.
 It is predicted that this meeting is go- ing to be one of the most interesting that the commission has yet held, though there have been others with features worth printing. There is no doubt that the com mission is still deadlocked-2 to 9, Gov ernor Noel and pr. Rowland opposing any suggestion from ex-Governor Vardaman and Professor Powers and vice versa The former favor the service offered by a Philadelphia firm-the latter one offered h, York concern, and there does not appear to be any way of getting them to- gether.
 It has been suggested that Governor Noel and pr. Rowland. standing by the action of the commission early during the campaign for funds by Mrs Lockwood when she was elected a member of the commission and given the right to vote on the selection of the silver service, win count her as a member and vote with her With Mrs. Lockwood the governor and pr. Rowland would constitute majority, and they might place the order for the service where they wanted it.
 However, they could only vote for such a service as they have cash at their command to pay for and instead of con- tracting for $7ooo silver service, might for s55Oo service.
 Supreme Court Decisions.
 Among the more interesting decisions rendered by the supreme court yester- day was that of the Southern Railway vs. pr. w. K. Gray from Sunfower
 
 and its dead body remained on the side of the track for three days before 1t was planted" A hole was dug on the right-of-way 50 feet from Dr. Gray's res- idence and. the carcass of the mule cov- cred over with two or three feet of dirt The stench was something terrific and made the family sick Complaint was course of time the railroad company was forced to dsinter the remains of the mule and take them away fronl-that locality. The company claimed the right to bury mules on it's own right-of-way, but the town forced it to move the corpse just the same. Dr. Gray then entered suit for $5000 and the Sunf1ower county jury gave him S1O0O which the supreme court agreed was about right and the case was affirmed.
 There was also affirmation of the case of the Pascagoula Street Railway company vs. Christian Brandum from Jackson county. A child of the appelle, a little .6-year-old girl, had been run down and killed ,py the street railroad company and the jury had given the parents a verdict fo< s6000, which the su- preme court thought was little enough. The court went into lengthy account of the tragedy, stating that it was at the noon hour and about 200 children were playing in front of the school house. The motorman had a clear view of the road for 200 feet and yet he never pretended to put on the brakes until he was within 15 feet of the little girl who was running up the street. and angling toward the tracks. When she attempted to cross she either fell or was knocked down and was instantly killed. "It is not to be tol- erated said Chief Justice Whitfield that a street car should thus run down and kill little child-it was wilful, wan ton and reckless and the case Is al- firmed'
 Condition of State Banks.
 According to the summary of state ments of the conditions of the state banks as given out tonight by Auditor E. J.-Smith, the financial condition of lne Sldle Ol hiSSlSSlppi ID iot So pou- in fact it Is better than ever before and the cry of hard times is not now heard in this section of the country. though to the south of Jackson. in the great pine belt the mill men seem to be awaiting the action of Congress as to the tariff on lumber before opening up with their best endeavors.
 The statement given out by the au- ditor is as follows:
 RESOUCES.
 Loans and discounts. s37, PFC, LAO ST Overdrafts ........ 4,919,1S1 39 Stocks and bonds. ........ 2,12O,717. so Banking house, furniture
 and fixtures ........... 2,139,641 S4 Other real estate. ........ 1,1S7, 7,920 or Due from other banks. 11,446,344 S3 Cash on hand ........ 4,195,136 36 Expenses ....... 6,161. 0e Suspense .............. 1,16S 39
 Total resources ...... s63 2S6, ,412. 61
 LIABILITIES.
 Capital paid in ...... s12 GA 690 50 Surplus .............. 2,727 .460 29 Undivided profits, less ex-
 penses and taxes ...... 1,566,349. 40 Individual deposits 39,S13,794. 19 Time certificates of de-
 posit ............. S,90S, ,S99. "A Due other banks ... 589, ,609. 45 Bills payable and redis-
 counted .............. 1,ss7. 1924. ss Cashiers oh ecks and cer-
 I