The Birmingham age-herald., 1904-07-28

worse tangle conceivable. Cases that have been decided and judgments rendered will be thrown out of court and convicts that were tried and sentenced under the bill will be sent back for new trials. I don't see any way around it but for the gov ernor to call an extra session of the leg islature unless the supreme court says the bill Is unconstitutional"
 This seems to be the general sentiment of the lawyers of Birmingham and some of them express great alarm over the slt- uation.
 MT. Londons Letter.
 Alex T. London has written the fol- lowing letter to the acting governor of the state which fully explains the situa- tion and the necessity for some early action:
 Birmingham, July 27 1904 Hon. Russell M. Cunningham, Acting Governor, Montgomery, Ala:
 My Dear Governor-Grave questions have arisen as to whether what is known as the Lusk bill (h. 763), which fixes the time for holding the courts in the state, and creates four CD additional circuits, was ever constitutionally enacted and the consequences are so serious that regard 1t as my duty as one of the rep resentatives from this county to call the matter t0 your attention, that you may be advised in time to take the necessary steps to avert what would be great public calamity, in case 1t shout prove that the objections to the law are well founded
 Tt is insisted, and certainly with much force. that the act as published (pam- phlet acts, 1903, p. 566) was never passed by the two houses; in other words that house bill 76S never passed the senate, nor did the senate substitute ever pass the house.
 "Of course it is fundamental that the same bill must have passed each house, and been signed by the governor, to make it law. It Is also settled law in this state that for the purpose of determin ing this question the journals of the two houses may be looked into by the courts. 'I append an abstract from the journals of the houses in respect to the law in question and from this it appears that the objections taken are sound, and our whole judicial system is in sucn uncertainty and confusion as to render 1t impossible to say whether any judgment rendered by circuit court of the state is of any validity whatever.
 "The effect, if I am correct, will be apparent when I call your attention to a decision at the last term of the supreme
  case void, where the court was held at time not authorized by law, and the same rule would apply to any Judgment in civil suit.
 "It may be that the small portion of the people affected might bear the inconveni- ences which will surely arise from the inconsistencies of the law, If the act as printed was ever passed. but if the bill was never legally enacted. and every judgment and every conviction In circuit courts of the state Is a nulity. or liable to assault, the matter demands most anx ious consideration, and the promptest action on the part of the chief executive of the state. and I know it will receive both at your hands.
 Will causs Many Objections.
 'The mere suggestion of the invalidity of the Lusk bill, which now seems to pervade the whole state, will cause ob- jections to be made in nearly every case tried in the courts. and as a consequence the new supreme court will find its dock cts filled with appeals beyond any prece- dent, and to such extent as inevitably to put the court, even with the aid of the additional judges in arrears to begin with NO greater question ever confronts court that none involving the-validlty of law, once upon the statute books and nothing can be presented to the executive
  consideration than to have to determine whether a statute Is really of force, and I earnestly hope that the objections may appear groundless. for if not some means must be devised to meet the situation. "I am sure the people of the state may look to you with confidence to meet this emergency with prudence after due con- sideration assured as we all are of your desire to do the right and wise thing.
 "Very truly yours,
 ALEX. T. LONDON"
 The Lusk Bill.
 The act to amend sections Ss7 ct seq. of the code. dividing the state into seven- teen judicial circuits as 1t appears in Acts of 1903, pages 566 ct sea-. appears never to have passed the house.
 Senate Journal.
 The senate journal shows the following in respect to the said bill, which was known as house bill 763: Page.
 1925 Message from house that 1t had passed H. 76S; referred to judiciary com mittee.
 l23s. Ordered printed.
 13G reported favorably, with substitute 1895. Substitute made special order. 1440-41. Substitute made special order. 1865 Substitute taken up and amended as follows: By Hipp-Lawrence county transferred from Eighth to Sixteenth circuit By Morrow-Provision in re- gard to Jefferson consolidated court. 1866. By Smith-Creatng Eighteenth cir cult. 1869. By Lynne-Fixlng time for holding courts in Culman and Morgan. 1869 By Powell-Fixing time for holding courts in Second circuit 1572 Laid on table.
 1C37. Taken from table. 16s7. Powell amendment reconsdered. 1e3s Escambia stricken out and Crefrshaw inserted.
 1899. Smith amendment creating Eigh- teenth circuit stricken out; Lynne amendment stricken out. 1e57. Substitute amended, by Smith, creat- ing Eighteenth Judicial circuit 1671. Substitute as amended adopted and bill passed
 1857. Motion to reconsider Hipp amend ment laid on the table
 ltS1. House non-concurred in Hipp and Smith amendments and asked for con- Terence committee.
 ioSs Senate insists on amendments and appoints conference committed i'i@-iS- Report of the conference commit tee signed by Spraggns of senate com mittee and all three of the house com mittee, and all three of the hous. com mittee recommends that senate recede from amendment adding Eighteenth circuit and changing Lawrence from Eighth to Sixteenth circuit (Printed Eighteenth circuit in Journal.
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