The Montgomery advertiser., 1904-09-30
LUSK ACT IN BALANCE Supreme Court in Special
 Session. APPEAL IS SUBMITTED Impressive Opening of Ala bama'S High Tribunal. "Peny Circuit" Matte, and Fourteensh Circuit Case win Net be con.,a-
 ered--Adjour.ed Until Today

ne supreme court of Alabama"
 Marshal Junius M. Riggs, in the proper discharge of the duties of his ofiee appeared in the doorway of the Supreme Court room yesterday after noon at 1880 o'clock. The official warning of the approach of the highest Judicial body of the State was uttered in low. dign!fied tone. Behind MT Riggs came Chief Justice Mcclellan and the five Associate Justices.
 The dozen attorneys and newspaper men rose in respect as the Justices filed in and took their seats. Chief Justice Mcclellan assumed the large chair ip the center. On his right sat Associate Justices Jonathan Haraison and Henry A. Sharpe. The seats on fis left were occupied by Associate Justices John R. Tyson and J. R. Dowdell.
 The Supreme Court of Alabama IS now in session." said Marshal Rigss mad the small crowd that had stood about the circular court room. resumed their seats.
 General R. F. Lrgon, the Court Clerk stood at a high desk not unlike a pull pit and opened large impressive book
 Chief Justice Mcclellan leaned for ward and glanced at a typewrittcn pa- per.
 The Court" he said. has been .aiI- ed together to hear the case of P. c. Rowe vs. the Board of Revenue of Jefferson County, which comes Up from the Chancery Court of Jefferson Coun- ty."
 Lusk Judicial Act.
 The little knot of spectators. the at- torneys and the few newspaper men. knew that under this title the court was to hear and consider arguments on the validity and the constitutionality of the Lusk judicial, act.
 Hon. Sam Will John, representing those who wished the Lusk act 10 re- main constitutional, advanced to a high desk, spread out a typewriter document, weighed 1t down with a book and with May 1t please the honorable court" began his argument.
 Somewhere in Alabama in the rear room of a country grocery store Jus tice of the peace, fortified with a copy of the code of 1896 and a copy of the general acts of 1893 was solemnly holding judicial hearing to determine the ownership of a bird dog. A far larger. far more eager crowd thronged the grocery store court room and hung upon every word of the hear . ing than assembled in the red carpeted room in the Capitol. And yet in that room, with its Corinthian pillars, It's portraits, and It's frescoes. all looking a bit dingy, the judicial system, Of the State hung in the balance and an extra session of the Alabama Legislature might be a result of the hearing. A bare dozen persons watched the pro- ceedings and listened to the arguments.
 The case had been heard by Chancel- Tor J. c. Carmichael of the Northeast ern Chancery Division. He had de- clared the Lusk judicial act invalid and unconstitutional.
 Tenth Judiical Circuit was formed of the county of Jefferson. A judge and an associate judge were provided for under the terms of the act. There was some talk that the passage of the Lusk act had been irregular and unconsti- tutional. The authorities of Jefferson County in a friendly spirit set out to test the act. A friendly request was made of the Board of Revenue of Jef- ferson County for accommodations for the officers of the new court. This was met with a friendly refusal.
 The friendly refusal was based upon the contention that there was no such act as the Lusk Judicial Act. It was claimed that the bill had never passed the lower House. The contention was made that a conference committees re- port was adopted by the House, but that the House overlooked the formal passage of the bill. Therefore, 1t was contended that the so-called Lusk act was unconstitutional and illegal. In fact 1t was declared that there was no such act as the Lusk act.
 The friendly opponents of the act went even further. They said even if