The Montgomery advertiser., 1904-12-10
STRIKES AT JUDGES
A PETITION FILED WITH SUPREME
 COURT.
Defendant Fron Warrfor Holds That Judge ID. A. Greene and 6. l.. Weaver of Birminghsm are
 Holding once Illegally.

petition for a rule nisi to be direct ed to Judge Daniel A. Green and Judge Samuel l.. Weaver, senior and junior Judges, respectively of the Criminal Court or Jenerson County, commanding them to appear before the Supreme Court of Alabama and show cause why they should not be restrained by a writ of prohibition from presiding in the court, was filed yesterday with General R. r. Ligon, clerk, by Powell and Blackburn. of Birmingham.
 The petitioner is John Savage, who was arrested at Warrior, Jefferson County. on November of this year, on a warrant charging violation of the special law of Warrior which imposes a license on the sale of liquor. The warrant was issued by Judge Daniel A. Greene. of the First Division of the Criminal Court. and bail was made for the petitioner.
 The case was set for December to be tried before Judge s. l.. Weaver, of the Second Division of the Criminal Court.
 The information filed by counsel for the petitioner ayers that the Criminal Court of Jefferson County was no more after theilaw went into effect Novem- Der of this year, consolidating the City Court of Birmingham, the Circuit Court of Jefferson County, the Criminal Court of Jefferson County and the Chancery Court of> Jefferson County. The prayer of the petitioner does not refer to the decision of the Supreme Court which declared this consolidated court act null and void a few weeks ago.
 It will be recalled that at the time the act consolidating all the aforemen- toned courts into what was to be known as the Circuit Court of Jefferson County was declared null the three as- sociate judges of this court had been nominated In Taffarcny y,r;- mary Among these nominees was Judge S. L. Weaver for the Third As- sociate Judgship.
 The decision of the Supreme Court, of course, shattered the nominations for these judgeships after Judge Weaver had won out in a sensational fight. Upon the return. however. of the old regime Judge Weaver yielded the nomination for the regular judge of the Circuit Court to Hon. A. A. Cole man who had sat on the bench for several years. This saved a contest which would have certainly befallen the County Democratic Executive Commit tee
 This action of Judge Weaver was lauded as very graceful by the people and bar of Jefferson County and when on November Judge Samuel E. Greene. the Judge of the First Division of the Criminal Court, was elected Probate Judge that office was vacated. Judge Daniel A. Greene. then junior judge of the crimanal court, was appointed senior judge by the Governor and Judge Weaver was appointed his suc- cessor.
 The prayer of Petitioner Savage further relates that IS. L. Weaver and D. A. Greene are usurping and exercis- ing the powers and Jurisdiction former ly exercised by the Judges of the Crimi- nal Court of Jefferson County and their status is that of unauthorized indI- viduais usurping the judicial power and the very existence of the pretended court in which they usurp the func- ,tions of judges is illegal and they are without Jurisdiction to try and deter mine said cause"
 Continuing. Counsel Powell and Blackburn for petitioner further assert that the juries are not organized by law. and there is no cause allotted to S. L. Weaver"
 It is set out that unless the petf- tioner appears before the said court Criminal Court of Jefferson County an attachment will issue for him and that ito call upon the said Criminal Court to pronounce judgment on the questions of law herein raised would be futile and of no avail as the court has no power to pronounce judgment"
 wherefore" continues tho petition. "the petitioner prays your honors to take Jurisdiction of this petition and that a rule nisi be issued out of the Supreme Court to S. l.. Weaver and D. A. Greene, commanding them to appear