The Montgomery advertiser., 1903-12-12
IN WHAT JUDICIAL CIRCUIT
 ,KST. CL AIR COUNTY LOCATED?
lusk Act Of Legislature Contains Contradiction Which Has Caused Some Confusion
 in North Alabama.

is st. Clair County in the Seventh Judi ciai Circuit or is 1t in the Ninth Judicial Circuit2
 by Judge !. A. Hllbro or Judge John Pel- hamr ~
 These questions have given the Judges, the solicitofa and prominent lawyers of the two Circuits great concern. The fact that two decided opinions on the import ant question are held by able lawyers shows that 1t k open and perhaps doubt full
 The Governors ofice has had consider able cerrespondanee with the Interested parties and Attorney General Massey Wil- llcitors and of the Governor rendered an opinion on the question.
 'yudicialiy, Where is St. Clair County atr.
 Unintentioual Contradiction.
 The confusion grows out of an urin- tentionAl contradiction In the Lrsk Judi cisl bsi passed by the recent Leeisla- ture. The Supreme Court of Alabama will in ali probability be called upon to de- eide the questions arising out of the con- fusion. It is within the range of proba- biIitiSs that some attorney in a criminal ease will appeal to the Supreme Court ciaiming a lack of jurisdiction for the pret8dinx judge, no matter before whom the case is tried. Tn the event # is held that the wreng judge or wrong solicitor ofilciated at the Circuit Court of St. Clair County all, indictments returned at that particular term of the court will De Quasheds
 One of the primary purposes of the Luak Judicial bill was to give relief in the Ninth Judicial Circuit, the largest in the State and the one said to have had the most cnngested docket. Judge d. A. Bil- bro is the presiding judge of that Circuit. During the consideration of the busk bill in the Legislature there were no two opinions as to the need of relief In the Ninth Circuit.
 The Lusk hiii took four of the counties of the Ninth Circuit and made of them the new Seventeenth Judicial Circuit. The hill to edualize matters took St. Clair from the Seventh Circuit and put it In the Ninth Circuit.
 The act declared that the law should not become operative unti1 after the general election of 1904 so far as 1t related to the Seventeenth Judicial Circuit. The intent of the law was that the Seventeenth Cir cult should not be actually in effect until a judge of the Circuit had been elected by a vote of the people.
 A provision of the act declared that in- solar as it related to the Ninth and the Seventh Judicial Circuits 1t should be- come operative at once. A natural con- struction of the act would be to have the Seventh Judicial Circuit as 1t was before, with the exception of the loss of St. Clair Couny. Under this particular pro- vision the Ninth Circuit would be conn posed of the St. Clair County and two of the other counties. This would leave the other four counties without judicial home untii 1904
 On the other, hand if St. Clair was add cd the Ninth Circuit with it's present quota, of counties 1t would have circuit courts to be held on. the same dates in different counties. physical impossibli- ity.
 Attorney Generals Opinion.
 Tn his opinion Attorney General Wilson holds that the Lusk act could not apply to the Seventh and the Ninth Judicial Circuits at thls time. He reviews the act and its provisions to show that it could not be done. He holds that 1t would be impossible for the Judge of the Ninth Cir cult to hold all the courts under that construction of the act.
 The Attorney General holds that the circuits for the present should remain as