Birmingham state herald., 1895-10-25
HOW'S THIS FORA SCHEME Z The Lawyers Put Their Heads
 Together
 #ar-- AND EVOLVE AUNlQuE PLAN Montgomery Will Have Court Though the
 Judge Be Sick. A TEMPORARY RESIGNATION DOES IT Judge Arrington's Health Such That He Cannot Preside at Court and by
 Consent Judge Thorington
 Will Sit
A TEMPORARY RESIGNATION DOES IT

Montgomery, Oct. 24.-(Special)-Th local bar met this morning and transact ed some business which for originality and variety has seldom been equaled.
 The meeting was called by City Court Judge Arlington. That gentleman has been in feeble health for most of the past year. He and his friends had hoped that his summer vacation would restore his health and that he would be prepared to conduct the business of his court when the fall session opened. They were dis appointed, however.
 The law which provides for the appoint ment of supernumerary judges, by some accident, failed to include those of the city court. The bar appeared to be con fronted by three propositions, ,one of which must be inevitable. Either Judge Ar rington must rapidly recover, which all devoutly wished, but which he nor any other members. could influence. he must resign. which he did not care to do, and which every member of the bar was so- licitous he should not do, or the business of the court must stop for an indefinite time. This would have been most unfor- tunate, as this court has to deal with criminal cases.
 This was the situation, but the bar, with the aid and assistance of the gov ernor, rose equal to 1t. Judge Airing tons friends fixed up a scheme, the eff feet of which was to enable the bar to do a little legislation of its own. The gov ernor, at the request of all parties inter- ested, approved the scheme and the knot was united agreeably to all parties. It was done in this way:
 Judge Arlington resigned on the fol- lowing conditions:
 l. That whoever was appointed to suc- ceed him should agree to resign on Feb ruary next, when the next term of court begins, In any event, and not offer nor al- low himself to be offered for reappoin- ment. .-.l ts
 2. That none of the four gentlemen who were candidates for the office. Messrs. A. D. Sayre. Scott Sayre John c. Winter or E. P. Morrisett, should be ap- pointed said temporary judge.
 8. That in the event his health was inn proved by February he Gudge Airing tom should be reappointed. In the event his health was not restored by February l. Judge Arlington agrees to stand aside and allow the office to be filled by ap- pointment by the governor, as he may see fit
 Of course, good faith is at the bottom of the whole thing. Unless the parties had confidence enough In each other to know that each would do exactly what he agreed to the combination could not have been worked The effect of the scheme is to arrange for the appointment of a supernumerary judge for the city court and virtually to effect a temporary amendment of the law applying to cir cult judges. i,- sf 9aF
 Judge w. s. Thorington of this city. formerly of the supreme court, and one of the wisest and purest lawyers in the state, consented to accept the temporary appointment, and he was accordingly unanimously recommended to the gov ernor for appointment As stated he, will be appointed for the unexpired term of Judge Arlington, but will resign on February l. 2
 The arrangement is regarded here as being exceedingly unique.