The Birmingham age-herald., 1917-02-08
STEINER MAY NOT
 SUCCEED BRICKEN
Appointment of Cavalry Colonel May Not Be
 Made at Once

Montgomery, February 7.--(speeiaL) officers of the Alabama National Guard do not believe Governor Henderson will make an immediate appointment of brigadier general of the Alabama infan- try brigade to succeed Gen. Charles R. Bricken, resigned, or that the govern ment would put him in charge of the brigade at once even if he were named.
 Since the soldiers have been on the border the government has shown that it prefers to have regular army officers in command of the National Guard or ganizations because of their long experi- ence. Many officers of the National Guard of Alabama who have been at home on leaves of absence have said the government would rather have a ma- jor of the regular army In command of a brigade than to have the brigade in charge of brigadier general appointed by the governor who has had little active military work in recent years.
 Governor Henderson has not indicated whether or not he will give immediate consideration to tho vacancy. If the United States is forced into war with Germany the appointment would have little weight anyway as the war de- partment would promote men who have shown their ability regardless of brisa- dier generalships held by virtue of ap- pointments from governors.
 The only name mentioned for brigadier- general as General Brickens S successor is Col. R. E. Steiner, commander of the First cavalry regiment. Colonel Steiner has had much experience in military af- fairs, having retired with the rank of major several years ago and having re- turned to active service when the Ma tional Guard was called out last year. Many officers believe his appointment would meet the approval of the war de- partment, and in support of this belief point out that Colonel Steiner was given
 permission by the war department to or
 ganize a full cavalry regiment in this state, consideration which had not been given to another state in the south.
 Appeals were made to the state board of pardons Tuesday for the communication of the death sentences of John Tucker of Choctaw county and Jesse Nearer of
 Escambia county to life imprisonment in
 the penitentiary. Tucker is sentenced to
 be hanged Thursday. which Nearer was
 ordered to be put to death February 16.
 
 meeting for the consideration of the peti-
 tiops. It will make it's report to Governor Henderson, who will pass upon the cases. Tucker was convicted of the murder of his wife, while Nearer was sentenced for the murder of Boy Clements. Persons interested in them claim extenuating cir. cumstances surround each crime, ana that the death penalty is too great a punishment to be exacted. Fuckers case
 was affirmed by the supreme court abouf two months ago, while Nearers was af- firmed last month. Nearer claims he did not intend to kill Clements, but only to defend himself in a fight.
 Maud Bone, alias Maud Swan, of Jef- ferson county, who was convicted o1 va grancy and sentenced to 12 months al by Governor Henderson on condition that she will obey the laws of the state ant nation in the future.
 Notice of the organization of the Mus covite Mica company at Anniston, witt ! an authorized capital of $10,0Oo, and z paid in capital of 5000, has been received | by the secretary of state. The company
 will engage in the mining and selling ol
 muscovite mica. which Is to be found IT Calhoun and adjoining counties. Those interested are E. l.. Carter E. H. Garter and T. c. Carter, Jr.
 Because of the work necessary in pre- pairing the record and the fact that the supreme court will recess Saturday until April 2. the contest over the right oi Dr. F. E. Harrington, officer of the surgen generals department of the United States government, to hold the office oi health officer of Jefferson county. will not be submitted to the supreme court until April The Jefferson circuit couri
 last week decided that the position oi county health officer is a county office and that no one but a resident voter and filed a supersedeas bond which con decision of the supreme court.
 | Interest in the contest has been created | thI oughout the state because of the eff I fort of the board of health to place healtl
 affairs of the counties under a centra | board in order that health work may b, I uniform. Dr. Harrington was employed l under the law which gives any count! l the right to use the services of an all | time health officer. He was selected oi I the recommendation of the surgeon gen eral who was asked for the services O
 an experienced person.
 1 The supreme court will complete tn 1 first call of divisions for the fall tern l Saturday and will recess for conference on cases until April g, when the frs
 division. composed of cases from Bald
 win, Clarke Mobile, Monroe and Wash l ington, will be called for the second time l