Birmingham age-herald., 1895-03-15
IN THE COURTS.

Joseph H. Montgomery of the inferior court. The papers were filed about noon yesterday, and will come up for bearing on Monday, March 25, when circuit court convenes for the spring term. The complaint, or information, reads as follows:
 The state of Alabama, ex rel. Christian F. Ensen, aud Christian F. Enslen vs. Jo- seph H. Montgomery--In the circuit court of Jefferson county.
 To the Hon. James J. Banks, Judge of the Circuit Court of Jefferson County The relator, Christian F. Enslen, who brings this action in the name and on be- hall of the state of Ala bama, and who also joins as plaintiff with the state, exhibits this information against Joseph H. Mont gomery, and the said relalor respectfully represents that he is resident citizeniand tax payer of the city of Birmingham Ala, and is q member of the board of aldermen for said city:
 He further represents that the defendant, Joseph H. Montgomery, was on the first. Monday iu August, 1891, duly elected represen tative of the county of Jefferson h the general assembly of the state of Ala baIna for the term Of tuo years commence ing 1on, to-wit, Ythe-@s7lh day Of August, 1891, and that by virture of such election, he was duly qualideds aud took his seat in the house Of repi esentatives of the general assembly,, which began It's session on, to- vii, tne 18th day of November, 1894.
 Tue relator further represents lnat while the said defendant waa memper of tne general assembly, as aforesaid, and at the said session thereof, and during%tse said term for which he was elected, the legisla- ture duty passed an act entitled, s.ar act to establish au inferior court of criminal Juri5- dictIon in the city of Birmingham, oefne it's powers, ana provide for tue election of a jndge and appointment of clerk stheTe- oi;" which act was duly approved and bs- came a law on, Io-wit, the l1th day of February, 1895; and the general assem- ply by their sad enactment created the office of judge of said court, civil office of profit under the state, which court was aesig- hated as the police court of Birmingham, and, as provided by said act, the said juGge was to be elected by the two houses Of the general assembly, and afterwards, and while the defendant was still member of the house of representatives, and during the term for which hs was elected, the two houses of the general assembly elected him, the said Joseph H. Montgomery, to the said office of judge of the puIice court of Birmingham, which had been created by the act aforesaid; that tue said defendant afterwards and before the 18th day of Feb ruary resigned as member of the house of represen D tatlve5.
 The relator further represents that the said defendant, pursuant to said election and after such resignation, entered into the said office as such jadge, and has since the 18th day of February, 1895, exercised aQu sllll COubluu6S tO CAcICioS tho pOWoIbt liberties, privileges and duties pertaining thereto, which, as your relator is advised and believes, is contrary to the provisions of section F, article 4, of the constitution of the state of Alabama, and the defendant Is unlawfuIly holding and exercising said office.
 Wherefore your reator respectfully prays that process may issue requiring the said defendant, Joseph H. Montgomery, to an- swer and show to what warrant he claims cioa inv a not Hhartiaa and duties of said office aforesaid, and upon the hearing hereof judgment be rendered excluding him from the said office, and for all further and proper relief.
 Z.,T. RUDULPH,
 J. A. MITCHELL, '
 Attorneys for Relator.
 THE AFFIDAVIT.
 State of Alabama, Jefferson County.
 Before me, Charles F. Ensleu, notary public in and for said county and state, personally appeared Christian F. Enslen, who being duly sworn says the statements in the foregoing information are true ex- cept when made on advice and belief, aad these he believes to be true.
 CHRISTIAN k. ENSLEN.
 Subscribed and sworn to before me this 14lh day of March, 1895.
 CHARLES F. ENsLEN. State of Alabama, Jefferson County.
 We, the undersigned, hereby acknowl- edge ourselves bound for the payment of the costs of this cause.
 CHRISTIAN F. ENsLEN, 5. ULLMAN, w. J. DUNCAN,
 JOHN NJ. McCAR-IN.
 CITY COURT.
 William II. Hamilton vs. W. M. Dren- non at al. damages; on trial. Second division-Ail of yesterdays docket was either passed or continued ex- cept the case of J. D. Hall vs. the Alabama Great Southern Railroad company, which was on trial when court adjourned. CRIMINAL COURT. Anumber of misdemeanor cases were disposed of in the criminal court yesterday. UNITED STATES COURT. The federal grand jury submitted another report to the court yesterday, returning "no bills" in the following cases: Will Daniels, Augustus Parham, Ned | Thomas, Tap Snedecor, Robert Reed, Frank Evans, Allen Dean. Levi Anderson LarkIn Jones, Alvin K; Rodgers, Al, John botham, R.. B. Johnson, Jeff Harper, Thomas Cannada, William Abney, Thomas | Abney, Zack Morris, Andrew Morris, Garrett Knott, Joe Knott, John Knott, Jack Stacks, Ciem Arnold, David Hopson ,' Jenkins, F. s. Jenkins, Jeff Oakley, syl- vesier Owen, Frank Higgenbotham, Wash Nolen, Pink Backus, w. R. Camrada, Marion Bostick, Levi Patton, Erwin l Christian, Frank Jordan, John Bfy, Pod for A. Clowdes, Tom Austin, J. H. Aus tin, John T. Bartlett, Henry Smith, Lewis Moseley, Bob Miller, Dick Mitchell, Dave | Means.
 True bills were reported as follows:
 Retail liquor dealers-Martin Hollis, Jefferson county; Ben Samuels, Pickens county; Bob Witt, Pickens county; Will. liam Montgomery, Jefferson county; Rob- ert W. Owen, Biount county: Cain M. Noogan, Etowah county; Dick Long,