The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-08-23
.LUSK MEASURE is
GREAT BUGABOO
Causing Much Worry in All
Parts of the State
BAD SITUATION IN WALKER
General Belief Is That the Matter VIII
Not Come Before the Supreme
couls Before octo-
Der.
BAD SITUATION IN WALKER
BY HERvEY w. LAIRD.

Montgomery, August -tspecial)-The
mere mention of the Lusk judiciary law is
enough to throw half of the capitol
officials into fits.
That question bids fair to overcrowd
the insane asylum of the state,' exclaim-
ed Private Secretary of the Governor j.
Kirk Jackson. one hot oay last week. but
I'm not going to be one of the new in
mates If l can keep out of it.
AS this opinion is largely shared among
the state building attaches the matter is
not generally discussed. though the gov
ernor and one or two others are known
to be studying it closely
The fact of the business is no papers out
of which a test case can be made have
yet come up to the supreme court. In
private letter from the clerk, Gen. r. It.
Lyon, who is at Tate Springs, the state
ment is made that no documents have
bee filed, though the presumption is that
the Birmingham case, growing out of a
demand made for room for an additional
judge will reach here this week.
There is hardly any prospect of the su-
preme court taking the case up before
October, though an effort has been dis
cussed for a session lext month In the
letter above referred to Clerk Lyon says
that all of the members the court will
be back in Montgomery by October /, and
if regularly presented it might consider
holding a special session to establish the
status of the now famous law.
MIDDLE in Walker.
With the possible exception of the Wal
her county situation many see no reason
WIZ ~ ha ell tt,r
even If the law should be declared UNI
constitutional. This exception, however,
Is notable. The first change in Walker
from the old status, when Jefferson, Wal
ker and Winston made up the old Tenth
circuit, was the establishment of the
Walker county law and equity court. This
was repealed in 1903.
At the same time a bill was passed Gre
ating the Fourteenth circuit out of Wal
ker and Winston and comforting on the
circuit court chancery jurisdiction along
with civil and criminal Now the claim is
made that the latter law was not properly
advertised, according to the provisions of
the new constitution, and Is Illegal on
just the same grounds s6he consolidated
court law of Jefferson county was inval-
dated. This latter law was included in
the Lusk measure now so famous. Now
If the Fourteenth circuit bill and the
Lusk bill are both killed, there will be
absolutely no judiciary in Walker county,
not even chancery, for the old law and
equity court carried that too.
Just what will come to pass over them
If the two measures fail In the courts is
not easy to surmise. 1t Is understood that
the governor himself has found the Wal
ker situation knotty proposition.
In Madison and Limestone.
The only place where the provisions Of
the Lusk bill have gone into operation
is In the two counties of Madison and
Limestone which compose the Sixteenth
circuit, unless this may be said of the
Fourteenth above discussed. In the
Sixteenth the appointment of Judge
Speake and Solicitor Pettus was made
just after the legislature provided for
the places. and have since been serving.
Dispute of the legality of the measure
arose pretty soon in Limestone county in
a demurrer in a murder case, the allie
cation being that the court had no consti-
tutional authority. This, however, never
reached the Supreme court.
Extra Session Talk.
The opinion Is fairly general that there
will be no reason for an extra session
. of the legislature, If it is not forthcom-
ing in the Fourteenth circuit case. 1t Is
believed the Sixteenth circuit can be
cleared up without it. and the Fifteenth
alignment, composed of Montgomery, Au-
tauga, Chiffon and Elmore amicably ar
ranged. The opposition to an extra ses-
sion is strong. One hears that the act
ing governor Is not anxious for 1t, and
that there is a strong element among
the people who dread the possible con-
sequences. Then 1t is by no means GER
tain that the solons will pass again the
law in question. In fact, chances are
against it, and the likelihood of an extra
session is problematical.