The Birmingham age-herald., 1903-10-04
DECLARES THE ACT
 UNCONSTITUTIONAL Judge Jones of BesSemer Passes on Court Question AN APPEAL IS PROBABLE Opinion Based on Idea That Act to Tranfer Cases Is Covered By An
 other Law and the Act Is
 Therefore Void.
AN APPEAL IS PROBABLE

Bessemer. October S.-(Special.) )-After a hearing that consumed six hours, Judge B. c. Jones of the Bessemer City Court to- day refused the applications of E. G. Smith. E. K. Campbell ct al, for the re- moving of civil cases from the Bessemer City Court to the Birmingham courts as provided in the act recently passed by the legislature.
 The bill has created considerable inter- est in Bessemer Jefferson county and the entire state. The people of Bessemer and vicinity are naturally very much elated over the turn matters have taken in their favor They say they have felt all the time that the act If put in force would work great hardship on them. The Bessemer bar says that the premises on which Judge Jones based his decision will stand in the Supreme Court and 1t is un- derstood that the Birmingham attorneys will fight the matter out in the high courts.
 Many Lawyers Speak.
 The Bessemer lawyers say they are prepared to meet the argument of the Bir- mingham bar at every turn and that they will fight the bill in the courts of last re- sort The whole question as to the consti- tutionality of the act hinges on the ques- ton of change of venue.
 The Birmingham petitioners were repre- sented by Attorneys k. G. Smith of the firm of E. G. and A. K. Smith, and D. K Campbell of the firm of Walker. Tilman, Campbell and Morrow, who made strong pleas for their side of the question: con tending that a case transferred from the Bessemer court to the Birmingham courts did not constitute change of venue.
 The members of the Bessemer bar who spoke against the petitions being granted were: W. K. Smith, Pickney Scott, W. s. Welch, l.. D. Godfery and J. A. Estes. They argued that under the constitution no bill could be passed of a local or special nature where there was already general law providing for such an action, They contended that under the code cases could now be transferred to Birmingham courts from the Bessemer courts and therefore a local law providing for same, under the constitution. was null and void.
 Act Unconstitutional
 Judge Jones' after hearing the argu- ments. refused the applications on the ground that in transferring the cases to the Birmingham court it would be a change of venue, thereby rendering the act, in his opinion, as unconstitutional.
 At the present the Bessemer court will proceed in the trial of the cases as laid down on the docket. It Is thought that the question will be argued before the supreme court in a few days, although that body is not in session, yet it Is thought by the petitioners that they will be able to get hearing. The Bessemer court will consume the whole of next week in the trial of non-jury criminal cases which are unusually heavy at this ses- sion.
 The inferior court established bv recent act of the legislature, will con- vene for the first time next Tuesday. The newly appointed judge, William Jackson, will be on the bench. There will be a large amount of business to come before this court and 1t Is thought, that It will be sitting most of the time.
 Burglars attempted to enter the home of MT. and Mrs. E. K. Speight on Berk-