The Birmingham age-herald., 1916-05-16
CALHOUN COUNTIES
 GIVEN TERRITORY
Decision by Judge Coleman
 Extends Boundaries
CHEROKEE LOSES OUT
Negro Falls Thirty Feet Alighting on His Head and Is Only Slightly Hurt. Rayburn Charged With Robbing
 Postoffice at Rock Run

AnnlSton, May -(Speclal )-UnleSS the higher courts overrule the deci- sion just rendered by Judge Thomas F. Coleman, Jr., of the city court of Anniston, Calhoun county will be 10 square miles larger than shown by present boundary lines. The decision was made in a suit brought against the Cherokee county authorities.
 For a number of years there has been a more or less active controversy be- tween Calhoun county and Cherokee county in regard to the boundary line for distance of six miles Some of the landowners in the disputed terri tory pay taxes in Cherokee county and some pay taxes in Calhoun county, the greater number of them paying taxes in Cherokee.
 The fight over the boundary dates back to 1882 when this county was es- tablished under the name of Benton. It involves tracts of land formerly held by the Creek and Cherokee In- dians and was the occasion of an in- teresting fight in the last session of the Alabama legislature in which State Senator c. D. Kline was victorious in his fight for Calhoun county's claims
 Recently c. D. Martin, then county tax commissioner: Tax Assessor Dave Cowden and Tax Collector Worth Whiteside decided that the contro- very should be settled definitely. They thereupon caused to be assessed for taxation all of the land in the dis puted territory and upon the matter coming up for hearing before the com niSSinnerg' nf (tolhnnr was decided in favor of Calhoun coun-
 ty The Cherokee county authorities did not acquiesce in this decision and
 continued to assess some of the dis
 puted lands.
 Ullman Brothers are the owners of
 large tract of land in the disputed
 territory and portion of this land
 has been sold under the order of the
 probate court of Cherokee because of
 their failure to pay taxes in Cherokee
 county. Thereupon U1lman Brothers,
 cooperating with the officials of Cal
 houn county, through their attorneys, Knox, Arcker. Dixon & Sterne, brought suit for the lands which had been sold by the Cherokee county authorities in the city court of Annistop and after a careful consideration of all the facts relating to the county line between Cherokee and Calhoun, Judge Thomas w. Coleman rendered judgment, hold ing that the land in dispute is located in Calhoun county. The result of the decision will give to Calhoun county some 10 square miles of additional ter ,, ritory. It is understood that Cherokee will probably bring the case before the supreme court and the final decree will be looked forward to with in terest. The circuit court convened today, Judge Merrill presiding. There are so many good cases on the docket that the court will probably be extended for nearly three weeks This week the nonjury cases will be heard.
 The cases heard today were principally garnishment cases and were not of pub. lie interest.
 Albert Lindsay, negro met with ar accident at the furance early this morning and is now at Sellers hospital, suffering a concussion of the brain and dislocated shoulder. If the story of his accident is accurate he has to thank his thick skull for an escape from instant death. It is reported that Lindsay fell a distance ot 30 feet, falling on his head. He will be able to get out of bed in day or two Reuben Rayburn was brought before United States Commissioner Randolph -CHdIB6 Wllu ndNIIfS TOD ped Lne postoffice at Rock Run station, in Cher okee county. The postmaster alleged that the safe had been blown open and this fact seemed to irritate him, as it had not been locked. When Rayburn was ar rested it is said he made affidavit that he acted as a picket and kept guard out side of the postoffice while some of his confederates did the work inside At the preliminary hearing he told Judge Ran. dolph he had made this statement so that he would share in the reward for the capture of the robbers. He was sent to
 the county jail in default of $500 bond
 On to Birmingham was the cry of the
 veterans of the civil war who left this
 morning to attend the United Confederate
 veterans reunion in the Magic City.
 Every veteran whose work and health
 would permit him to leave was anxious
 to go to the convention, as many fear
 that it will be the last one they will have
 an opportunity to attend.
 concrete form what MT. Morgan had in mlnd when he returned from Europe a few weeks ago and said that it seemed to him that they were handling the se-