The Cleburne News from Heflin, Alabama • 4

I explanation seemi to be in order Mortgage bale. APROCLfMIO;) nark 4 fcy uj; Denies Babers APROCftfflATIOil just here Judge, and that JS that it so haDDens under the present system of drawing names from the grantors in that certain mortgage exe-W a names mav remain cuted lo the Federal Land Bank of Allegations the box for years and never be imuiv i in drawn and this can easily happen without anvone being to blame. And now Judge I have thought of et sequiwr page Asks the Judge to State Facts Instead of Guessing BY THE GOVERNOR. WHEREAS, I The Legislature of Alabama, at a special session held In 1921, has ordered an election by the Qualified electors of the State of Alabama upon a certain proposed amendment to the Constitution ot Alabama, which Is herein set forth. ito be held at the geearal election in November, 1922; I WHEREAS, noUce of such election.

together with proposed amendment, is required hy law to be given by proclamation of the Governor; NOW THEREFORE, Thos. E. Kilby, Governor of the State of Alabama, do hereby give notice, direct proclaim that, at the general elec tion in November, 1922, an election will be held for the vote of the qualified electors of the State of Ala-bams, in the manner, form and places required by law, upon the following amendment to the C6nstitution of i Alabama, No. 48) (H. 35 Cliett AN ACT To provide and submit to the quali fied electors of the State of Ala bama, at the next general election, an amendment to the Constitution of Alabama, whereby the following municipal corporations, Jasper, Cordova, Dora, Oxford, Talladega, Cit-ronelle, Girard, Albany and Tuscaloosa, in the State of Alabama, may levy and collect through their duly constituted governing authorities a rate of taxation on the property situated therein, not exceeding in the total in any one year of one per centum of the value of such property as assessed, as provided by the Constitution and statutes now or hereafter enacted pursuant to the Constitution; provided, that the adoption of this amendment, shall in no wise, affect, limit, modify, abridge or impair the power, authority or right of any of said municipal corporations to levy and collect the special school taxes, now or hereafter vested in or con- ferred upon them under the Con-! stitution or any amendment there-, to, which said special school taxes I shall be in excess of said one per I centum herein provided for.

Be it enacted by the Legislature of Alabama: Section 1. That the following amendment to the Constitution of Alabama is hereby proposed to be submitted to the qualified electors of the State of Alabama for their consideration at the next general election, to-wif The following municipal corporations, Jasper, Cordova, Dora, Oxford, Talladega, Citronelle, Girard, Albany; and Tuscaloosa, through their respective constituted governing authorities may levy and collect a rate of taxation on the property situated therein, not exceeding in the total in any one year one per centum of the value of such property as assessed as provided by the Constitution and the statutes now or hereafter enacted pursuant to the that the adop-Uemrlhis amendment, shall in no wise affect, limit, modify, abridge or Impair the power, authority, or right of any of said municpal corporatons to levy and collect the special school taxes, now or hereafter vested in or conferred upon them under the Constitution or any amendment thereto, which said special school taxes shall be in excess of said one per centum herein provided for. Section 2. That it shall be the duty of the Governor to give notice by proclamation, to be published in one newspaper in each county in the State at least eight successive weeks next preceding the day hereby appointed for such election on the amendment hereby proposed by this act be submitted to the qualified electors of the State for their consideration together with the proposed amendment. Section 3.

That at said election on the amendment proposed by this act to bo submitted to the qualified electors of the State for their consideration, to be held as herein provided, the qualified electors shall vote upon said amendment, and on the official ballots printed for such election there shall be printed the following, "Shall following be adopted as an amendment to the Constitution of Alabama: The following municipal corporations, Jasper, Cordova, Dora, Oxford, Talladega, Citronelle, Oirard, Albany and Tuscaloosa, through thtir respective constituted goerning authorities may levy, and collect a rate of taxation oh the property situated therein, not exceeding in the total In any one-year, one per centum of the value of such property as assessed as provided by the Constitution and the statutes now or hereafter enacted pursuant to the Constitution; provided, that tho adoption of this amendment, shall in no wise affect, limit, modify, abridge or impair the power, authority or right of any of said municipal corporations to levy and collect the special' school taxes, now or hereafter vested in or conferred upon them under the Constitution or dhy amendment thereto, which said special school taxes shall be in excess of said One per centum heroin provided for. Following the proposed amendment on the ballot shall be printed the word "Yes" and lmmedltttelyun-der that shall be printed the' word "No." The choice of the electors Default bavin been made in the per- tonnance of the obligations assumed ty Tirr.J BTlrf WlTc. Jul lsV 1919 reeoA the office of the Judge 0f Probate, of Cleburne county, Aia- bama, in book No. 44 of Mortgages, on ass sea saws at court house door of Ttfi: Cleburne county, in tne city oi rienm, sell at auction, lo the highest bidder, 'or cash, the following described real pot.tp in said county and embraced in TVt h.if 1-21 Soutnwest quarter (sw 1-4) and townshiD sixteen (16), range twelve (W). and cortaining One-hundred-fiftj 1SO seres, more or less.

Said sale is j0 m'adeto' paythe indebtedness secur orte together with ai eXpenses 0f foreclosure, including reasonable attorney's fee. Thjs the 15th day of September 192 The Federal Land Bank of New Orleam Mortgagee. J. C. Nichols, Heflin, and R.

T. Goodwyn, Montgomery, Ala. Attorneys for Mortgagee. Register's Sa-e. Thetate of Alabama, Cleburne count) Circuit Court, in Equity.

Cleveland Yoss. et comnlainants vs. Jacl Voss. et defendants. By virtue of a decree in the abovt stated cause rendered on the 22nd da Qf June( 1922 by the Circuit Court) ir it to satisfy said decree, I will sei to the highest and best bidder for cash, at public sale, at the Courthouse dooi of said countv.

between the hours of! 11 o'clock, and 4 o'clock P. on Mondayr the 20th day of November, 1922, the following described property, viz: 10 acres in the southwest cornet of the sw 1-4 of se 1-4, and 30 acres on the east side of the se 14 of sw 1-4, section 20; also 2 1-2 acres more or less, on the south side of the sw 1-4 oFsw 1-4 bounded as follows, commencing at th( southwest corner of said lot, running northeast to a poplar tree; thence east along an old ditch to the river; thence down the river to the south line of said lot; thence west along said line to the starting point, section 21; also 25 acret more or less, being all that part of the 1-2 of nw 1-4. that lies west of the Tallapoosa river, section 28; also 1-2 ne 1-4, ne 1-4 of 'nw 1-4, and 7 acres, more or less, being ali that part of the se 1-4 of ne 1-4, that lies north of a little branch that runs across the northeast corner. of said lot, section 29, all in township 15, range 12, containing 195 1-2 acres, more or less, lying and being in Cleburne county, Alabama. Said sale being made for the purpose of division among the joint owners.

This the 17th day of October, 1922.. J. T. Boyd, Register. Federal Power Commission In compliance with the Federal Water Power Act (41 1063) notice is hereby given that the Alabama Interstate Power Company of Birmingham.

Alabama, has filed application covering a power development on the Tallapoosa tuver, approximately Dexween points-in Sec. 6, T. 18 R. 10 E. Huntsvillc Meridian, and Sec.

3b, T. 20 K. 21 St Stevens Meridian, Ala. Any ob jection to sucn application, or request for a hearing thereon, together with any briefs, reports, or other data for which consideration is desired, should be submitted to the Executive Secre tary. Federal Power Commission, Wash ington, U.

Administrator's Sale On the 15th day of November, 1922 I will sell to the highest bid der, for cash, the estate of Henry deceased! 125 acres of land at Palestine, Ala. Household furniture 1 cow and calf 1 mowing machine and rake 1 disc harrow 1 wagon Stock of merchandise. I will sell everything at the old home of Henry Wheeler, excent the merchandise; it will be sold at the store of H. E. Sale will begin at 10 a.

m. at the home place, and at 12:30 p. m. 1 will sell the merchandise. II.

E. WHEELER. Administrator. F0R SALE 40 acres land, one east Micaville on Mcintosh road; nouse and orchard; good cotton land; some timber. For price and particulars, call on Mattie Stitt, Heflin, Route 6.

n-2-2w There were 1,151 bales of cot ton- ginned in Cleburne countv from the crop of 1922 Drior 4o October 18th, 1922, as compared with 1.9ncihnlAafTinn0H ioui, 11, Bccoruing 10 me report or J. 1. Brown, agent You lose no time when you take UVACLENA. It cleans your liver while you work and leaves ho bad effects. Sold by.Wrichtand Black-Duke Drug Cos.

I feet; and up.J. S. MAR- Heflin, Ala. BY THE GOVERNOR WHEREAS, The Legislator of Ala, bama, -at a special session neld to 1921. has ordered an election by the qualified electors ot tne btaie Alabama upon a certain proyooeu to tha Constitution oi wnicn ta hereltt to be held at the general election be held at tne genei "ssjla such election.1 together with the proposed amendment, is required by law to be given by proclamation of the Governor; NOW THEREFORE, ToOB.

JU. Kilby, Governor of the State of Ala bama, 'do hereby give notice, aireci and proclaim -i that at the genera an elec tion will be held for tne vow oi qualified electors of the State of Alabama, in the manner, form ah.r places required by law, upon tne 101 lowing amendment to the Constitution of Alabama, -No. 1) (S. 21 Teasley AN ACT To propose an' amendment to Section 93 of the Constitutiod of the State of Alabama, and to order an election by the qualified electors of the State upon such proposed amendment to be held at the gen-j oianttnn riATt fliinreadlnsr this Special Session of the Legislature. Be it enacted by the Legislature wwvwvm of Alabama: 1 The following amendment to Sec tion 93 of the Constitution of Alabama is herehy proposed andean election Is hereby ordered by the qualified electors of the State upon such proposed amendment, which lection shall be held at the genera: election next succeeding the present extra session of the Legislature ai vhich this amendment Is proposed.

The proposed amendment Is as follows, i Section 93. The State shall not engage in works of internal Improve ment, nor lend money or Its- credit in aid of such, except" as may be authorized by the ConsUtution of Ala bama or amendments thereto; noi shall the State be interested in an private or. corporate enterprise, oi lend money or its credit to any Individual, association, or corporation, except as may be expressly authorized by the Constitution of Alabama or amendments thereto; but whei. authorized by laws passed by the Legislature the State may appro priate funds to be applied to the construction, repair, and maintenance of public roads, highways, and bridge In the State; and when authorizes by appropriate laws passed by the Legislature, ue state may at a cost of not exceeding ten million dollar engage in the work of internal im provement, of promoting, developing constructing, maintaining, and operat ing all harbors or seaports withh. the State or its Jurisdiction, provided.

that such work or improvement ahali always be and remain under the management and control of the State, through Its State Harbor Commission, or other governing agency. The adoption of this amendment shall not affect in any manner any other amendment to the' Constitution of Alabama which may be adopted pursuant to any act or resolution of this session of the Legislature." Section 2. Notice of the election hereby ordered together with the amendment hereby proposed shall: bt given by a proclamation of the Governor, which shall be published in one newspaper once a week in each county in the State, for at least eight successive weeks next preceding the day hereby appointed for such election. Section 3. At the election hereby ordered to be held as herein provided, the qualified electors shall vote on said proposed amendment, and on the official ballot printed for such election there shall be printed the foUowing, "Shall the following be adopted as Section S3 of the Con stitution of Alabama! The State shall not engage in works of internal Improvement, nor lend money or its credit in aid of such except as may be authorized by the Constitution of Alabama or amendment? thereto; nor shall the State be Interested In any private or corporate en terprise, or lend money or its credit to any individual, association, or corporation, except as may be expressly authorized by the ConstiUiticn of Alabama, or amendments thereto; but when authorized by laws passed by the Legislature the State may ap proprlate funds to be applied to construction, repair and maintenance of public roads, highway; and bridges in the- State; and, when authorized by appropriate laws -sassed.

br the Legislature, the State mayat a cojt of not exceedinr ten million dollars. engase the internal constructing, maintaining and oporat ing an harbors or seaports within the State or its Jurisdiction, nrovide-' that such work or Improvement shaK always vbe and remajni under, the management and control of the State, through Its State Harbor Commission, or other governing agency. The adop tion ot this amendment shall not af feet In any manner any other amen ment 10 tho ConBtlton of Aiabn oe-adopted puriuant or resolution ot this at the Legislator NOTICE-I will, gin on Wed nesday 'only, until ufter October 15th, and then Wednesday and Friday. Positively no ginning on Saturday. o5tf G.

F. HILL. CURES Malaria, Chills. Feyer, Bilious Fever, Colds and LaGrippe. adv to of I i Section 4.

"The vot de6Uoa gnal, Mn" jPttimftMW Secretary ot TZZ tame manner at in titf. Representative, to the wk; Jtt who voted at woo eleeUoa nroaosed ammrim.nt proposed amendment voted hi 1 the aame, auoh be ralid to all intenu a part of tne Oonautau Slate ot Alabama. The remit election shall be made taowT? preclamatlon ot the Govwnor Approved October 22, IS21' TV UJ MI'tfVQQ YirryvKHK hereunto art my hand aad fte Great Seal of tho stau ht uucu un opiioi, in tl( ft. ot Montgomery on this the ot August, One Ibousand Kln dred and Twenty-two. THOS.

B. By Hie Governor: WM. J. COBB, Secretary or tite 1 9mm DEMOCRATIC NOMINEES i 4 4 For Governor WILLIAM W. BRANDON tor Lieutenant Governor CHARLES S.

McDOWELL. JB, Commissioner of Agriculture aid Industries J. M. MOORE For Gongress Fourth District LAMAR JEFFERS For Judge Seventh Judicial Circuit A. P.

AGEE For Solicitor Seventh Judicial Circuit J. B. SANFORD -r State Senate W. H. HOWLE For Representative in Legislature J.C.

NICHOLS For Judge of Probate JOHN A. BROWN For Clerk Circuit Court H. L. JOHNSON For Sherirf BENTON L. ADAMS v.

For Coupty Board of Education B. F. DURRETT J.D.HUDSON V. E. SCOTT tor Commissioner Second District G.

A. TODD For Commissioner Third District A. D. KAYLOR 4. (Paid Political Advertisements) I hereby announce myself a candidate for circuit clerk of Cleburne county, at the General Election in November.

Will appreciate your vote and if elected will endeavor to give the office my full time and efficient service. LEE HAYWOOD. For Representative in Legislature W.J. CAMPBELL Judge of Probate D. S.

BABER For Circuit Clerk LEE HAYWOOD For. Sheriff H. A. JACKSON 1 VI VUUlal.7 HUM W.A. BROWN M.

llOWLE J.H. LAMBERT For Commissioner 2nd District cf HARPER E.E. MVERS, JR. White's Purifier I GOOD FOR. cuble A' ey Trouble tomach Trouble nd Rheumatism.

Put up by Dr. JOE WHITE. 422 West 15th. St. 4 ANNISTON," ALA.

Price $1.50 per Bottle. FOR SALE Appier, Texas Rust Pre of and Fulgum Oats, 70 cents bushel for next 10 day. Pigs from $3 to New corn, 60 a bushel; Hay, $12.50 per ton; Beer year- linrfA 0ir mam tvAiinrl mh1? 1 en, Heflin '8. v1" men in all, it so happened that five were summoned for Jury duty during the last three weeks' term of court. 1 was at Muscle Shoals when court opened and had been away from home for several days.

No man, at anytime, was sent by me or anv one connected with our firm to Judge Agee to ask that any of these men be excused from serving as Jurymen and this state ment is substantiated by the statement of Judge Agee which follows: -Statement from Judge Agee: Anniston. Oct. 28, 1922. Editor News: In your issue of the 26th, in "Babers Reply to Brown's Ambush there is the statement that at the last term of the Circuit Court five out the six tkins Owens men were on the jury and that five were excused by me, and that when court opened, a man was sent up to me to get those five excused. No srch man came to me.

Each of them, three as I Temember, were excused on their own request and for satisfactory reasons. (Signed) A. P. Agee. F.

of the Heflin Motor Car was excused at his own request on account of haying an exceedingly painful bone-felon Mr. Atkins was excused at his own request by reason of being, physically unable to serve. L. A. Owens was excused at his own request on account of my absence but did not ask for any certificate of attendance.

L. D. Reid was drawn on a special jury and served until dismissed by "the court. J. R.

McElroy served the entire week or so much of same as court was in session and no request was made by him or anyone else to get him excused. Judge Baber says further, "There are more than 2,000 on the the register and not more than 400 in the Jury Box." Tnis statement is also untrue as there has never been a lime since I have been a member of the Commission that the hames in the Jury Box did not greatly exceed 400. The Judge does not undertake to say how many are qualified under the law to serve. He has possibly overlooked the fact that a great many good men are disqualified from jury service by" reason of be ing over age, physical disabilities, ana a great many otner reasons too numerous to mention. But here is a question which naturally bobs up in this connec -tion: How does Judee Baber know anything about how many names are in the Jury Box, since ttje law provides that only the Chairman of the Commission and the Judge the Circuit Court shall have keys to the Jury Box If Judge Baber knows how main names are in the box, then he i.

bound to admit that at all times i. since i nave oeen a memoer the commission, the box has been amply supplied with names to meet requirements as the law directs. Quoting further from the Judge 'And remember Arthur Owen? and John Brown are.Gov. Kilbj's referees mthis the: had themselves appointed Jury Commissioners as records in my office. (the word show" to have been ir.advertentlv left off).

I made no what ever of anyone to be appointed as Jury Uomnnssioner and the first thought heard of such a tl aia was when 1 received my appoint ment, the appeintraenl of both Mr, Brown and myself having beef entirely voluntary on the part of Gov. Kilby. (Write Gov. Kilby and see whether I have stated fact here) If you have any, records in your office showing that I made any application or any other effort whatever." to get this place, Judge rush into-print witU it, and I wiR pay for the publication and thro irk a Fonj pr to-boot As to having no representation in the1 'last Prand jury, the "Jury Commission bj nothings whatever to do with se lecting grand jury men. One cShar I another reason which may possi- br b.d your becoming so dissatisfied with m.

9 I tne work DI tne Jury wmmissiuu. Tho la wwMps that the Com- mission summon before them as many citizens as maybe necessary to enable them to pass upon tne I wHl rememfter beins called before the Commission for this purpose I smcetnave oeen a fflr, it is possible that not every, man that you recommended was put in the box but if that IS the case do not Dlace the entire' blame on me as no name was put in or kept out except by consent of the entire board and you will recall that one member ot the present board, Mr C. K. Harper is a candidate for County Commissioner on your As to costing the county money since I have been a member of the commission, we have done the worlc in three to four days, cost me county ou.w ou.vw annum, wnne me law pruviues that the Jury Commission may be in session twenty days, and I am told that jn some counties the cost runs from" $250.00 to $300.00. And since it seems to pain you so much think of any one connected with our firm drawing anything or jury service, I will mention one Other fact in this connection and that is that I have always re quested the board to leave out some" of our force on account of the fact that before and since I became a member, it often happened that two or more were drawn at the same time, which of ten happens, especially in the case of drawing special juries, which the sheriff is permitted to summon from those living close in or within a few miles of the Courthouse, thus making a hard ship on us to spare so much help at onejime.

There were two special juries drawn at the last term of circuit court. Now, Judge, I am, sorry that my services as Jury Commissioner has displeased you so much, but have tried my level best to carry out the law in the matter, as I un derstood if, and at the same time to Work for law enforcement and aw and order, and if my work has been a failure, it is for want of ability and not because I have not been anxious to work toward better conditions in our county. The other members, as well as the Clerk with whom I have serv ed, have been as conscientious and tried as hard to do their duty under the law and to work in the interest of law and order as any set of men I have ever been as sociated with. And now, Judge, in conclusion, am fully aware of the fact that you have a perfect right to criti cise my work as a public official as long as; you state facts. So criticise all you please, but get the facts first and stick to them.

J. A. OWENS. (Pd. adv) HELP MM GET PORE WAP BY V0T1KG FOR -AMENDMENT If you were to look up and saw a.

naked sword hanging by a sincle hnrA hair nvpr vnnit hfaA vou wriutH ho rtrf1pH Talladega kv constitutional nro- the whole nwile nf Alnhnmn raise its tax rate, yet we have a sword of Damacles hanging' over our heads in, the shape of typhoid, as any failure of a delicate mach ine to. properly chlorinate the water, results in disease. Do, a kindly act and vote for Amendment NO. 2, as it costs you nothing. HUGH McELDERRY, (Pd, Adv.) Chairman, FOR SALE or rent, cottage and 8 acres of land near Heflin, $12.00 per month.

M. INGRAM Se CO. Armiston; Ala. FOR SA JB-Dining table, good 1 MRS. LANE, afAkxander Hotel -w another reason which may possMW "I Please allow me space in this issue to reply to that portion of Judge Baber's" article in your issue of October 26th-which refers to my action as Jury Commissioner.

I wish to say to begin with that I cannot think of anything; that appeals to me less-than a newspaper controversy, have never been engaged in one in my lift and have no inclination to get into one or time to spend that way now, and but for the fact that my failure to reply to the Judge's charges might be misconstrued as meaning that he had really discoered some gross misconduct on the part of the Jury Commission or that there was some elements of truth in his charges I would not, take up the time necessary to write a reply. It is hard for me to understand just why the Judge should have made this vicious and unwarranted attack as I have befriended him time and again since first making his acquaintance, and while we have never been of th same po litical faith and order, I thought I could number him among my friends, and besides I had nothing whatever to do" with ihe newspaper article to which he takes such vigorous exception. It is hard to believe that the Judge l.imself would sit down and deliberately write such gross misrepresentations, as his reference to the Jury Commission contain and it would seem more reasonable to think that his chief political writer and adyiser and general handy man wrote the articles and pushed them up to the Judge to sign and that probably he, in his haste, affixed his autograph on the dotted line without taking the time to investigate as to their truthfulness, The Judge, however, cannot be held blameless cn that account as he has at least, allowed these misrepresentations to be published over his signature. Quoting from the Judge's first charge: "The firm of Atkins and Owens and their force is composed of six men. At the last term of the Circuit Court five of these men were on the jury, and when court opened a man was sent upandgol Judge Agee to excuse every one-all five of them, and they all drew $3 each of your money." This charge which is also a reflection on the good name of Judge Agee, is so uncalled for and so full of contemptable falsehood that it is hard to answer it in language fit for-publication, but" here are th facts: We would have to ineludt those summoned from the Hefiir Motor Car to be able to truthfully say that five men were summoned to serve on the Jury from the firm of Atkins Owens and their employees.

From amont these two forces, numbering tei. shall be indicated by a croja mar. made by him, or under his direction opposite the word expressing his di-sire. Section. 4.

That the officers to hoI such election shall be the same, an. ahall be appointed In the same man n.er and by the same officials as pro vided by the election law of tht State tor the appointment of offlcen to hold general elections In the State. and the eloction shall be held in al. things in accordanca with the lan governing general elections and will the constitutional provision concern -ing amendments to that instrument Section 6. That the "votes cast ai said election shall be counted, can vassea ind tabulated and return made to the Secretary of State la tne same manner as in elections oi representatives to the Legislature; and if it shall thereupon appear that a majority of the qualified electors ho voted at such election upon the proposed amendment voted in favor of the same such amendment shall bo valid in all intents and purposes as a part of the Constitution of Ala bama.

The result of such election shall be made known by tho proclamation of Approved November 192L IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State to be affixed at the Capitol, in the City of Montgomery, on this the 8th day of August, One Thousand Nine Hun dred and Twenty-two. THOS. KTLpT, Py the Governor: a JVM. P. COBB, Ei Secretary of.