The Birmingham age-herald., 1913-02-27
Opinion in Custer Suit Will
Not Be Given Until
Early in April
GRUBB MAY PASS ON
THE L. & n. PETITION
Other Matters of Comment at Mont
gomery-0'Near Efforts to Con-
duct the States Affairs
Within It's Income
BY HUGH w. ROBERTS

Montgomery, February 26.-(Special)-
There is much small talk in Montgomery
In reference to the probable action of the
supreme court on the Judge Lane case.
1t has been rumored that the majority
of the members of the court have inform
ally expressed themselves as being of the
opinion that Judge Lane was serving as
commissioner without constitutional au-
thority on the ground of the statute
which forbids a judicial officer under the
state from accepting any other office
under the state. 1t has also been report
ed that the decision, when rendered, would
sustain the eminent legal authority the
favorable opinion of which was the reason
for the resignation of Judge Lane from
the circuit court and his acceptance of
the position of commissioner.
At the present time there is a report
current that the opinion has been written
and that its publication is held up until
some decision can be reached on the most
available and substantial citizen to sue
coed Judge Lane.
There seems to be little foundation for
the report that the opinion has been rem
dered The court has adjourned to meet
again early in April, Judge deGraffen
reid, who, it is understood was assigned
10 write the opinion, at the present time
Is in Greensboro. his home. Judge Or
mond Somervlle, interviewed today, ex-
pressed the belief that the opinion would
not be handed down until the next session
of the court.
Secretary Greene of the supreme court
and Lawrence II. Lee, reporter for that
body, expressed surprise when asked
about the opinion. Both stated positive
ly that it had not been rendered, and
that, as far as they knew no action in
regard to the case has been taken in any
respect or particular.
No man about the capitol will express
his opinion as to what the verdict will
be. There is unanimous expression,
howeves, 10 thsA sract thas there Is no
reason TO believe that the case will bel
acted upon before the next session Of the
court
Charles Henderson, chairman OF the
railroad commission, his associates on
that board, and the attorney. Judge Sam
uel d. Weaxley, all agree that the crucial
point in the litigation between the state
and the railroads has been reached.
The outcome, according to these au-
thorties, will lie in the verdict of the fed
eral court before which the commission
ers will appear this week for the purpose
of answering to a charge of contempt in
that they are alleged to have violated a
federal injunction in handing down an or
der instructng the Louisville and Nash
vile railroad to restore the passenger
rate of 21a cents If the court should hold
That the commissioners were in contempt
IL is generally agreed that there would
be some embarrassment in their continue
ing the hearing of the pending case
against the Western of Alabama.
II have not had a chance to discuss the
matter with Governor O'Neal," stated
Judge Weakley today, but | presume
that | will represent the commission in
the federal court The crucial point has
been reached. This matter will be the
rub"
on account of the absence from the
state of Judge Thomas G. Jones, it is
probable that the contempt proceedings
will be held before Judge William l.
Grubb.
Governor ONeal is making manful
efforts to guide the state within its in
come The chief executive has nor
discussed formally the calling of an
extra session of the legislature, but it
is generally taken for granted that he
will not call the lawmakers together
unless he Is compelled to do so.
The financial condition of the state
has improved, it is understood, to this
extent: The state owes nothing and
has no money in the till. April 1 the
state will be due the old soldiers about
100000, and the necessity of raising
this little fortune will possibly throw
the state again in debt. The governor.
as has been published, has requested
the treasurer and the auditor to make
reports concerning the financial con-
dition of the state and has also COM
missioned Examiner Wilkinson to pre-
pare a statement.
1t has been pointed out that on ac
count of lack of POUNDS with which
to pay interest, it might be necessary
for the governor to call the legisla-
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