The Montgomery advertiser., 1903-02-06
SOLICITOR LOSES PLACE Office of MT. Lowe is De-
 elared Vacant. SUPREME COURT OPINION Afflicted with AphaSia and is
 Incompetent. Four We'll Known Alabamians Seek Appointment by Governor to
 soiicitorship of the Eighth
 Judicial Circuit.

The Supreme Court Of Alabama, Mr. Justice Oowaell dissenting, yesterday rcnuered an op,nion that Solicitor K. Ii. Lowe of the Eigntn Judlclai Circuit Is incompetent by reason of pnysical dlsa- bilty and declared the Omce vacant.
 The vacancy will be flied by appoint ment of Governor JeIks and there are four avowed applantS for the place.
 The proceedings for the removal of So- licitor Lowe. wno IS afflicted with apha- sia. were begun by Attorney General Charles G. brown, upon action of grand juries of counties in the Circuit. The case has been pending several months.
 Many Lawyers Present. |.
 A good deal of interest was manifested yesterday about the Capitol when 1t be- came known that the Supreme Court had reached decision and would make its announcement in the Lowe impeachment case when 1t assembled.
 There was some eagerness to hear the result of the deliberation of the Court and quite a number of attorneys were present. notably from North Alabama.
 The opinion as given out was as fol- lows:
 '''The State of Alabama ex rel, etc V. Richard H. Love- Solicitor of the Eighth Judicial Circuit. judgment rendered re- moving defendant from office. The court holds that the defendant is incompetent within the meaning of the Constitution and statute. by reason of physical afflic- ton to discharge the duties of the office he holds.''
 Opinion Caused No Surprise.
 The only issue or charge in the case was that the defendant was physically disabled from discharging the duties of the office and since his election more than three years ago had not made any effort to do so. The proof was conclu- sive, and the opinion of the Court was no surprise to those who heard the evil dence.
 Mir Lowe was elected Solicitor of the Eighth Judicial Circuit in 1892 and had served one full term when he was re- elected in the fall of 1898 for another full term. He had discharged the duties of the office for the first tcrm with abi- ity and satisfaction and his reelection was a mere formality. A month or two after his reelection, at his home ir Huntsville. he was stricken with paraly- sis and he has not been able since to at- tend to his public duties.
 Four Applicants for Place.
 As soon as the decision of the Court was made known yesterday the names of applicants for the place began to be an- nounced by their friends.
 Those who are already in the field are actively at work themselves and through their friends are Senator R. L. Hipp of Cullman. Hon. Earl Pettus of Athens. Hon. John c. Eyster of Decatur and Hon. David c. Almon of Moulton.
 MT. Hipp was elected to the Senate from Blount but has lived in Cullman for year. MT. Pettus has been in the House several times where he occupied a leading place; MT. Eyster was a member of the Constitutional Convention and took a prominent part in tte proceedings of that body and MT. Almon was also an in huential member of the Constitutional Convention.
 It is said that there will be other ap- plicants. The appontee will have nearly two years to serve.
 Sterling A. Wood of Birmingham, one of the lawyers for MT. Lowe said last night that it was probable an application would be made to the Supreme Court for rehearing of the case.
 The attorneys for Mir Lowe," said MT Wood. are considering filing an applica- ton for rehearing in the cause, for the reason that they feel assured that if the best expert evidence had been before the court, as to the peculiar and rare disease with which Mr. Lowe has been afflicted the evidence would have shown A strong proba bility of his recovering within the term for which he was elected. As it was the best expert evidence in this State was before the court. but that of specialists alone in his disease was not before the court.