The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-04-12
ROUGH AND TUMBLE
FIGHT IN HOUSE
Mississippi State Official and
Legislator Have Setto
BOTH MEN ARRESTED
Cause of Difficulty Is a Question of
BOTH MEN ARRESTED
Cause of Difficulty Is Question of
History in Book Which DIR. Dun
bar Rowland Published Giving
Records of the War

Jackson. Miss. April Especial This
senatorial session has been productive OF
numerous hstcuffs and one or two gun
plays. but weapons were changed today
when Representative Frank Burkitt OF
Chickasaw county took his walking stick
heavy mock orange. in an attack upon
Dunbar Rowland, director of archives and
history on the floor of the house. DR..
Rowland was sitting In a chair talking
to Representative J. c. Cavett of Noxu-
bee when Burkitt walked up and told
Rowland he had done him an injustice.
Rowland replied: THE injustice comes
from you." whereupon Burkitt called him
liar and whacked him over the head
and shoulders with the stick three times,
one blow cutting a long cash in Row
lands scalp, causing blood to flow freely.
DR.. Rowland got up from his chair as
soon as possible and made a dive for
Mr.. Burktt, who is a much older man.
interfered and the combatants were sep
arated, DR.. Rowland retiring to his office
on the first floor of the capitol and later
to his home. Warrants were served on
both the combatarts during the day, Cap
tain Burkitt being charged with assault
and battery with intent to kill, while
Rowland was charged with assault and
battery. The trial comes up before JUS
tice OF the Peace Lancaster tomorrow aft
ernoon.
The cause Of the difficulty dates back
to the Confederate reunion at Vicksburg
several months ago when a resolution was
adopted cIiticising the history of the
states soldiers in the war between the
states, and which was intensified day or
two since when Representative Williams
of Kinds county offered resolution call
ing for a commission to correct errors
alleged to have been discovered in the
Rowland history, and which Rowland I'M
derstood Captain Burkltt had written.
The affair has created a very profound
sensation and 1t is feared the end is not
yet
Short sessions were held in both houses
Of the legislature today. but little OF i'm
portance was done. There was no morn
ing session of the house. but those men,
bers on the scene had all the excitement
they wanted and more, too, over the
Burkett-Rowland fight, and the senators
went TO work as soon as possible on the
Bilbo-pulaney bribery matter.
Mr.. Dixon's resolution for adjourn
ment on Friday, next, was tabled by the
house
The house adopted Mr.. Robinson's res
olution, that it is the sense OF the leg
islature that not more than 25 per cent
Of the school books now in use shall be
changed by the text book commission at
the adoption to take place this year.
The Williams resolution as to the Row
land statistical register was displaced by
a substitute drafted by Captain Burkitt
and offered by Mr.. Frazier, in which
structures on DR.. Rowland, state historian
were eliminated. The substitute was
then referred to a committee of three
Confederate veterans and two others.
A compulsory vaccination bill was
passed and the bill increasing the penalty
for carrying concealed weapons was pend
ing at adjournment. The senate passed
bills providing for stenographer in the
railroad commission office, appropriating
5000 for a chapel on the Rankin state
farm, and exempting public service cor
porations from the operation of the anti
trust laws
Railroad Case Decided
II the supreme court today Special
Justice c. H Alexander handed down an
opinion in case of the state ex-rel. r.
v. Fletcher, attorney general, VS.. the
Louisville and Nashville Railroad COM
pany, holding that said railroad Is la
BILE for fine from 500 to 5000 per day for
violating the law which declares foreign
corporations domesticated in the state
shall not take their cases to the federal
court, and FORGETTING their right to do
business In Mississippi II they do. This
decision declares the state law constitu-
tional and that the railroad cannot do
Interstate business here unless 1t complies
with that law.
The opinion covers many pages and is
considered one of the most important
handed down by the Mississippi court In
years, rivaling in interest the North Caro-
lima case of few years ago.
Chief Justice Whitfield dissented, and
states that he does not coubt that the
United States court will knock the de-
cision winding" the law, to his mind, be-
ing clearly unconstitutional.
Notorious Case ON Trial
w. d. Miller of Hazlehurst, special
Judge. began the trial of the notorious
Wilcher case here on change OF venue
from Yazoo county today, the jury be-
ing secured after all day contention and
exhaustion of special venire. The negro
viii Price who confessed that he killed
John Wilcher last August, at the instance
OF Mrs. Wilcher and her brother-in-law
Lee Wilcher. was permitted to plead
guilty to murder and take a life SEN
tence.
Severance was then granted Mrs. VIII
cher and Lee Wilcher and trial OF tht
latter begun. The defendant is a thrifty
good looking young fellow of "a. His
companion in crime is a buxom young
woman of 80. Her husband was an Older
brother of Lee The case is one OF th'
foulest ever heard here and great In
terest is manifested.