Birmingham age-herald., 1895-02-14
THE CITY FATHERS Meet in Special Session to Attest
 Their Disapproval OF THE CAUCUS NOMINEE For the Judgeship of Birming- hams Newly Created
 Inferior Court.
OF THE CAUCUS NOMINEE

| A special meeting or the clty cOuncll was held yesterday afternoon to take action on 1 the matter of the inferior court judge. Mr. Joseph H. Montgomery, member 1 of the legislature from this county, was elected by the democratic. caucus last Mon l day as judge of the inferior criminal court | of Birmingham, an office established by the | present legislature.
 There seems to have been considerable dissatisfaction at the appointment of Mir. | Montgomery, and the council was called | together to consider the matter. Alderman 0. A. Jones presided over the l meeting.
 Mir. McCartin stated the purpose of the | meeting. He said he had been on the com | mittee appointed by the council to go to l Montgomery and work against the bill l creating the inferior court and in the in- 1 terest of whatever legislation coming be- | fore the general assembly that would ben- l eft Birmingham.
 l He said that on his arrival in Montgom- | cry he found the bill had passed the house, l and that it sent nearly all the business to | the court house. The court was not given l jurisdiction over violations of state reve- nue laws, gaming nor carrying concealed l weapons, which are the principal sources l of the city's revenue, but that the law cre- l ating the court did provide for the pay ment out of the city treasury salaries of | $1500 and $900 respectively to the judge and l clerk. | Finally amendments to the bill were adopted giving the court jurisdiction over l all misdemeanors committed in beats 21 and 37.
 l "One member of the legislature had an | interest in the bill,'' said Mir. McCartin. l 'tIt was proposed to elect him as judge, which is contrary to the constitution of | the state. They tried to evade the law by | saying it was a city office and the salary l would be paid out of the city treasury.' MT. McCartin then called on the clerk to read the following resolutions: l Whereas, The creation of an inferior court for Birmingham by recent act of l the general assembly of Alabama was an 1 act contrary to the expressed wish of the | mayor and aldermen of Birmingham, In that it takes away certain chartered rights | of the city, decreases itssrevenues and adds | to the burden upon it's already overburdened treasury; and,
 Whereas, Hon. Joseph H. Montgomery, | a member of the general assembly of Ala | bama, holding office as a representative of the people of this county and city, strongly advocated the enactment of the law, and | immediately upon the creation of the office | of judge of said inferior court placed him. self in the attitude of a candidate for the | office thus created, and has been by party caucus of the general assembly indorsed for | the position; therefore, be it
 Resolved, By the mayor and aldermen ef | Birmingham:
 l l. luat Wo uO ueC6Dy euter our pTOGcnt against this indorsement and respectfully | pray the majority in the general assembly | of Alabama to reconsider their action, and | to give the appointment to some one, who had no part iD the legislation, which seems | to have been enacted for the creation of an office for the benefit of a legislator, con- trary to the very spirit of our institutions.
 2. That we believe the action of the eau GUS was mistake, and if indorsed by the | general assembly will reflect diseredit upon | their judgment.
 8. That this board has no choice of a | person to fill the position created, but calls upon the general assembly of Alabama to select judge who will carry with him the confidence of this community.
 4. That copies of this resolution be fur nished each member of the general assem- bly, of Alabama.
 At the conclusion of the reading of the resolutions Mir. Kettig moved their adop- tion and took the floor in advocacy of the same. He said:
 ssWhile in Montgomery Monday spoke to several good lawyers, all of whom seemed to think Mir. Montgomery ineligi- ble.
 .tBut leaving that question aside, think hs election one of the most shameful proceedings ever undertaken by the legis- lature. l don't think judge elected in that manner can have the respect of the how judge who participated in such a shameful proceeding can come up and at- tempt to deal out justice.
 ''I don't want to use strong language, but the occasion requires it. l will never have anything to do with the court as long as am an alderman of the city of Birming- ham.''
 The vote was called for, but Mir. Parker l arose to place himself on record as moi wishing to vote against a man and thus brand him as incompetent when no spe- ciflc charges had been brought against him He asked MT. McCartin to state tbe charges.
 Mir. McCartin said the first thing he did on arriving in Montgomery was to see Sem ator Milner, who promised faithfully to 1 defeat the court bill. But the s'railroad octopus bill' was up and trades were made. The court bill was not referred to Senator Miners committee, but to another, which l made favorable report on it.
 1T ascertained,'' said Mir. McCartin
 "that MT. Montgomery had sent word tG the friends of the railroad bill in the senate that he and his friends in the house would court bill. The whole thing showed that Mir. Montgomery was pushing this bill
 forward as measure beneficial to him. self.''
 MT. Parker-I don't believe MT. Mont gomery did anything wrong, and won't un' less he fails to deny the charge when made to his face. 7
 MT. McCartin-Mr. O'Brien made ths l charge in the house of representatives, auG requested an investigation if they thought
 Montgomery and said, "It is you meant
 MT. Montgomery. Mir. Montgomery dit
 not attempt to deny it, and no investiga'
 ton was asked for.
 The vote was again called for aud thI resolution adopted, Messrs. Parker and
 Mcknight voting no.
 Mir. Mcknight said he had no interest 1T
 who should be judge, but he wasn't suf
 ficiently posted on the question to vote fol
 the resolution.
 Mir. Ensien said he had talked withlt | great number of the business men of Bif
 mipgham, not @ one of whom but expressed
 his disapproval of Mir. Slontgomery's ap.
 pointment. They said his appointmel
 was scandal on the city. On motion the board adjourned. ENCOUNTERED A GALE.