The Montgomery advertiser., 1901-06-26
WRIT OF PROHIBITION
RECORDER RESTRAINED FROM
 HEARING HILL CASE.
Matter Will Be Argued in Circuit Court-Contention Made That Law Under Which Recorder
 Acts Is Unconstitutional.

Messrs. R. S. Hill, l.. L. Hill, Wiley c Hill and William w. Hill through their attorneys yesterday filed in the Montgomery Circuit Court a petition for writ of prohibition against Hon. B c. Ta-ver. Recorder of the City of Montgomery. restraining him from talk ing further proceedings in the case against the Messrs. Hills in the Re- corder's Court. An order for the issu- ance of a rule to show cause why the petition should not be granted was made by Judge Sayre of the City Court, returnable at the November term of the Circuit Court.
 The petition alleges that Recorder Tarver has no authority to try the cases against the Messrs. Hill on the charge of felony, because that part of the City Charter which undertakes to confer this authority is unconstitu- tional. It Is alleged that 1t is uncon- stitutional because 1t is not germane to the caption of the act.
 The petition also alleges that the Recorder is prejudiced In this case and in support of this contention copies of affidavits of several persons were at- tached to the petition.
 Acting on the writ MT. David John- ston. Clerk of the Circuit Court. issued the following order to Hon. B. c. Tar yer, Recorder:
 "State of Alabama,
 Montgomery County. Circuit Court of Montgomery.
 ITO the Hon. B. c. Tarver. as Re- corder of the City of Montgomery.
 "Whereas, 1t has been made to ap- pear to this Court by the petition of L. l.. Hill, R. g. Hill, W. c. Hill and Will W. Hill that you. as Recorder of the city of Montgomery, have assumed to try said petitioners on a warrant charging them with assault with in- tent to murder, alleged to have been committed by them on the 11th day of January. 1901. the said warrant having been issued by one J. G Thomas, as Sergeant of Police of said city of Montgomery on the 11th day of Jam uary, 1901, and returnable before you as such Recorder.
 And, whereas, 1t Is further made to appear to this Court that you. as such Recorder, have no Jurisdiction in law to try said cause, and that said war rant was issued by a person not au- thorized by law to issue the same and Is therefore null and void.
 And, whereas, it is further made to appear to the Court that by motions to Quash said warrants, and also by pleas to your Jurisdiction to try said cause all the above facts were duly and formally submitted to you. lut that notwithstanding the same yCu have overruled said motions and pleas and have assumed Jurisdiction to try said cause, thereby usurping an au- thority and jurisdiction you 1o not possess.
 Now, therefore. you are hereby com manded to be and appear before the Honorable. the Circuit Court of Mont gomery, at the next term thereof at the place of holding the same and show cause why you should not be- pro- hibited from proceeding any further in the trial of said cause. You are fur ther commanded to stay all further proceedings in said cause until the fur- ther order of said Circuit Court. David Johnston, Clerk. The effect of this writ of prohibition win possibly be to postponed the mat ter until a hearing by the Circuit Court in November and perhaps an- other decision by the Supreme Court.