The Montgomery advertiser., 1901-06-28
TO TIE COURT
AFFIRMATION FOR RESTRAIN
 1Mn ORDER BY MESS1S. HILL.
Document Upon Which Writ of Pro- hibition Was Issued by Judge Sayrs Rstarnabls to the
 Circuit Court.

The cases in the Recorders Court against Messrs. R. s. Hill. l.. l.. Hill, Wiley c. Hill and W. w. Hill were set Tor yesterday in the Recorders Court, but on account of Judge Tarver having been served with writ of prohibition tssned from the Circuit Court ny Judge Eayre, the cases were not called.
 The following Is the petition for the writ which was filed in the Circuit 10 che Hon, J. c. Richardson. Jadge of the Second Judicial Circuit. Ala
 bama:
 Your petitioners. l.. l.. Hill, R. s. Hin w. c. Hill and William W. Hill, represent unto your honor that on, to wit. the 11th day of January. 1901. they were each arrested under a warrant which was predicated and issued upon sthe afifdavit of one D. w. Mc1ver, charging petitioners with the commis- sion of felony within the city and County of Montgomery and State Of Alabama a copy of which an1davit and warrant. marked Exhibit A. is hereto attached and made part of this petition.
 End. Petitioners further aver that the charge of assault with intent to murder, for which they have been sew erally arrested. Is an offense against the peace and dignity of the State of Alabama. and not violation of any city ordinance adopted by the City Council of Montgomery under and by virtue of the power conferred upon that body by the charter of the city of Montgomery approved February N, 1893, and the acts amendatory thereof, said act or charter being entitled, An Act to Establish a New Charter for the City of Montgomery" that the charge preferred against your retition- efs Is a felony of which Hen. B. c. Tarvar. Recorder of the City of Mont Eppnery. has no Jurisdiction to hear and dAtErTnine. and that the prosecution it. self invoked the Jurisdiction ef the State by the charge as framed; that said B. c. Tarver has aaeumed juris- dtction of the case penqing Agai ast pe- titspners and will proceed to try your petltioners and te hear testimony which may he offered against them and tp aetermine the question of kheir guilt vel non; that said Recorder ciaAsas te have authority to try saAd cause. to hear evidence. investigate said cause Rnd to determine the guilt of your pe- ttioners under and by vATtus of Sec ton 66 of the said charter Of the city of nntKomery, and said TArwer is usurDing authority ir the presnisae.
 Petitionere aver, upon Ad%iGA, lnfor- naa4ipp and belief, that said Secti9n e6 in nAid Act of February 2ist, lsaA end Act to Establish a New Charter for the City of Montgomery is vnconsti- tHtionai and void for the reason that che provision therein. in substance end 10 the effect that person who has been arraigned and tried before the Recorder for a violation of a munich pal ordinance cannot, for the same act. De prosecuted before any State court or other judicial officer. is not sub- 1ect expressed in. covered or suggested by said title, nor necessary or proper to the full rounding of an enactment upon the subject, which is expressed in the title. and Is. therefore, ebns xlous tu the requirements of Section < Arti- cle " of the Constitution, that each law shall contain but one subject. which shah be clearly expressed in its tttle:" that said Section 66 of said charter confers upoR the Recorder of the city of Montgomery original and concurrent jurisdietion of all Haisde- iaeanors committed within said city. or within the police 5urisdiction thereof, against the laws of the State and whenever any offense against the bY- laws @ ordinances of the city Is a nniedemeanor against the laws Of the State. and expressly makes a coavic- ton or aeqnittal by the Recorder oe any person charged with zR 0ffsase, which Is a nisdemeanor pndeE the laws of the State. a bar to any prosecution of such person for such offense before any State court, thereby taking awAy from the State tribunals established by general laws (and charged with their administration the jurisdiction conferred upon them to try offenses against the criminal laws of the State. and to confer 1t exclusively upon the Recorder. a police official of a munich pal corporation; that such extFaoFdi- nary provisi4n does not provide for the exercise of any function of nunj- eipai life nor confer any power incident to municipal government, nor folloW any suggestion which can be referred Co the expressed purpose of establish lng municipal charter, and is, there- fore. unconstitutional and void &s being obnoxieus to Section ?, Article " of the State Constitution.
 Petitioners also aver, upon advice. Information and belief, that each and Every provision of the said charter of the City of Montgomery which seeks b confer Jurisdiction upon the Oeeord- sr of said city to hear or determine afy offense against the laws of the State. as an eX-officlo Justice Of the Peace. are vioiative of Article ", See- xion 2 of the Consultation of the State, as aforesaid
 And petitioners further aver upon