The Birmingham age-herald., 1923-08-30
CITIZENS GO INTO
 COURT TO PREVENT TWIN CITY ME ERGER
Action Designed To Test Consolidating Set For
 September 10
TENNESSEE VALLEY BUREAU l
 THE AGE-HERALD nRratur Ala Auo % l


 The first skirmish in the legal fight tt test validity of the present government of Decatur by commits sion of three who took their oaths of office yesterday. following sign ing of the bills by Governor Bran don will occur in circuit court Ln September 10. Following the filing of a petition in the circuit court Wednesday directed against the com missioners, they were ordered to ap- pear in court to show by what au- thority they occupy their offices.
 The board tf commissioners was created by an act of the legislature consolidating the municipalities Of Albany and Decatur under the name of Decatur. Copies of the complaint, which was signed by 12 citizens, were served on the officials Wednesday.
 Those signing the petition were Jess Bsssett, E. C. Payne, Charles E. Abel, Jr., T. M. Perry, c. c. Crawford, F. r. Tldwell, J. H. Crow, w. V. Da- vidson, H. W. Dillehay, r. L. Cook, J%P. Couch and B. L. Malone. An attached paper stated the following were responsible for any cost which might be charged to the realtors: F. A. Bloodworth, c. B. Patterson, w. E. Sivley.
 pOE1 D. IoIOh II Ol Cdlluldif IT, W Q Godbey and Tennis Tidwell are given as attorneys for the plaintiff, while it was annt unced this afternoon that Eyster & Eyster and Callahan & Harris will defend the proceedings on behalf of the commissioners. The realtors bill charges that the com mission has usurped the authority of governing body of that municipality.
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 Is Test Case.
 In a statement made public this afternoon and signed by c. B. Patter- son and others the position of-those opposing the consolidation plan was set forth They declared the pro- ceedings were brought ilR no spirit of fostering strife, but to test the validity of the act creating the board of commissioners and tt have the court determine whether or not the acts of the members of the board are legal. Pending the outcome of the court proceedings, the commissioners will continue in office, it was said
 The gold pen Gov. w. w. Brandon used in signing the five merger bills consolidating Albany and Decatur was brought here today by John Patterson, representative of Morgan county in the legislature. The pen will be presented by Mir. Patter-  solidation act, to the Chamber of Commerce.
 Woman Found Dead.
 Her hands grasping a box of tur- nip seed, the body of Mrs. Brown of near Johnsons Chapel. this county, was found dead in her home yester day, according to word received here Wednesday morning. Mrs. Brown was in her seventy sixth year and her death was due to paralysis, ac- cording to physicians. She was alone at the time of death, her body being found a short time afterwards. Hinds Urges Fight.
 The second fight of Tennessee val ley farmers against the leaf worm boil weevil and other cotton pests, but especially against the worm, is near and will be a harder one than the first, in the opinion of Dr. w. l.. Hinds of Auburn, Who has gone to Madison county after making an inspection of the crop in Morgan and Culiman counties. pr. Hinds urged that farmers keep plentiful supply of poison on hand. declaring that the dividends from the first fight will be ten to one. For every dollar in- vested in poison," pr. Hinds declared greater growth of cotton"
 Lay Out Golf Course.
 The Valley Golf club will begin work on it's recently purchased prop erty in the near future, according rU a decision of members of the board of directors. An architect will be employed to remodel the dwelling on the farm, while professional has been obtained to begin work soon on the 1S-hoie golf course.
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 Negro Wanted.
 A warrant has heen issued for William Kimball, negro, in connec- ton with the death of Roy stephen son, negro, who died at local negro infirmary several weeks ago from pistol wounds. Kimball is believed to have been located at Cincinnati, Ohio.
 Vandy Team Looks Good.
 Vandy has a good bunch of ma terial for the 1923 eleven, in the opinion of Lewis Hardage, who is here en route to Nashville, where he will assist in molding Vandy's grid iron machine thissyear. He will aid
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