The Birmingham age-herald., 1903-06-28
Situation at Present is Interest,"
 ing for the Politicians
THREE APPOlN TMENTS DUE
Birmingham Vacancy Causes Comment at State Capital and Several Names Are Mentioned = Candidates
 Strong for Supreme Court
BY E. E. KERsH.

Montgomery, June -(Special)-Dis- cussions of the judicial conditions in Ala bama seem to be the "order of the day about the capital this week. Primarily, the cause for this is the resignation of the probate judges of Butler and Clay coun- ties. and the very sad death of Judge w. W. Wilkerson of the Birmingham City court. Thxae vacancies on the bench of Alabama are thus created-vacancies to be filled by executive appointments. But an other cause for the discussion is the very interesting election to be held in Novem- Der of next year. when five Supreme court justices are to be selected. Public opin- ion has 1t that there will be opposition to the reelection of the present court, and consequently there Is much talk of prob able candidates
 Governor to Make Appointments.
 It is not often the case that the gov ernor of the state is called upon to make as many judicial appointments as now await his pleasure. Some of these appoint ments may become quite troublesome, too, but Governor Jelks has declined to
 
 shift the responsibility fin one of the cases when the opportunity had been offered. The governor feels that the statutes make it his duty to fill the vacancies. and consequently he will not shrk. The case in question was the selection of sue- cessor to Judge Whatley in Clay county, prominent democrats pettioning the gov ernor to let a democratic primary de- termine the successor. The request was politely declined, and possibly for a very good reason, since 1t was the governor s order for an examination of the books of Judge Whatley that caused the resigna- tion. Now there are four strong applicants for the place, and the race in Clay for signatures of endorsement is said to be exciting In the extreme.
 The contest for the vacancy in Butler will probably not prove so interesting, there being but one known applicant Walter Lampley Somehow the impression previls at the capital that State Senator D. NJ. Powell will receive the honor, though he Is not an applicant. The gov- ernor has not said what he proposed to do in either case.
 Birmingham Vacancy Discussed.
 The Birmingham vacancy came In for it's share of the gossip today. As the Birmingham court is to take its summer vacation, beginning next Tuesday, and continuing to October, there is no urgent demand for the vacancy to be filled. How ever, a Birmingham lawyer at the capital today admitted that the matter was re- ceiving some attention from the members of the Jefferson county bar. 1t is said that among the names mentioned for the place were Judge J. J. Banks, H. c. Sel- heimer, A. O. Lane, w. c. Ward, E. H. Go orfo md Tnh .p these gentlemen, 1t was also stated, had mentioned their probable candidacy and it was not known If either of them cared for the position. There was another sugges- tion to the effect that Judge C. A. Senn present junior judge. might desire pro- motion to the senior position. There Is a difference of $500 per annum in the salary.
 As to the Supreme court. there is no well defined Idea as to what Is to occur though there is gossip of possible opposition to the present court all along the line The court is composed of strong men, able lawyers who are also strong politically. and it Is not to be denied that it would mean the hardest kind of fight to defeat any one of them.
 Geographical Locations Are Factors.
 Geographical locations are frequently potent factors in political contests and III tnlS the present bench Is also strong Chief Justice Mcclellan comes from Limestone. Justice Sharpe from Jeffer- son. Justice Dowdell from Chambers. Justice Tyson from Montgomery and Justice Haralson from Dallas. It seems matter of doubt as to whether Chief Justice Mcclellan Is to have opposition, though there are suggestions that former Justice Thomas W. Coleman of Greene may again contest the race with the pres ent occupant. Five years ago the con- test between Messrs. Coleman and Me- Clellan was one of the closest ever run in the state.
 AS to probable candidates for the asso- ciate justices places. the names of Cir- cult Judge John C. Anderson of MarenRo. the Hon. A. H. Merrill of Barbour the Hon. T. M. Espy of Houston Super numerary Judge A. D. Sayre of the Mont gomery City court, Judge N. D. Denson of the Fifth circ4it, former Associate Justice R. w Walker of Madison and Capt. R. T. Simpson of Lauderdale have been mentioned. It is also suggested that Jefferson county may have other candi-