The Montgomery advertiser., 1904-10-08
Will Not Order Special
 Session. HE GIVES HIS REASONS special Judges Will Be Named to Clear DocketS. Chief Executive Holds That Invalidat- ing of Lusk JudicaI Act Does Not Raise Extraordinary Con-
 ditioas in Meaning of
 Constitution.

There will be no extra session of the Alabama Legislature.
 Governor Russell M. Cunningham said
 Is the final authority upon the matter. | It was not shown to him, he said that | an extra session was necessary. The Governor announced yesterday | at noon that there would be no extra session and at the same time he gave
 out a statement of nearly e,0o0 words which embodied his reasons for refus- ing to call the Legislature together in extra session to meet conditions caused by the invalidity of the Lusk act. The
 statement deals exhaustively with the judicial system of the State as left by the decision of the Supreme Court on the Lusk act.
 The Governor holds that the invalidi- ty of the Lusk act does not constitute an extraordinary occasion-the constitu-
 tional requirement for extra session of
 the Legislature.
 shows Three Conditions.
 The Governor holds further that a thorough and exhaustive investigation
 of the situation brings forward these
 three conditions;
 First-The Legislature could not vali-
 date or legalize any of the acts of the courts created under the Lusk act Second-That there is no county de- prived of a common law or equity court. Third-That with the time at the dis posal of the regular Circuit Judges for calling special terms and with the ser- vices of a Supernumerary Judge and q special judge. if necessary, to hold regular terms of court. while the cir attff ft,d- there are adequate court facilities for
 every county in the State except the county of Jefferson and possibly the County of Walker in the event the Fourteenth Circuit is declared invalid In an interview later in the day the Governor expressed sympathy for the gentlemen who had gone through the primaries and had been nominated for places in courts which were declared invalid by the Supreme Court He ex- pressed deep regret that the invalidat- | ing of the Lusk act deprived the State | of the services of Judge Paul Speake | and Solicitor Erie Pettus who had dis played such courage in the discharge l of their duties at Huntsville He am nounced also that he would invariably | appoint the Democratic nomfnees | special judges when it was possible to l do so if they would accept. .s The Governors Statement. The full statement prepared for the | public by Governor Cunningham is as follows:
 The question of the necessity of calling the Legislature together I have
 been considering for some months. I believed all along that the Lusk act | would be delared invalid. have given | considerable study to the subject and
 from the beginning decided that If the 1 administration of the law demanded an
 extra session of the Legislature that I
 would unhesitatingly call it. but that
 if it did not I would not do so. The people of the State are entitled | to a sufficient number of tribunals.
 meeting sufficiently often, holding a | sufhcent length of time to try their | causes and the State is entitled to the
 same consideration In maintaining it's
 peace and dignity against the aggres- | sion of criminals. It stands to reason
 that our judicial system should have
 but one object in view-justice for all | concerned.
 ''The question, therefore is does the
 invalidity of the Lusk ask constitute an ! extraordinary occasion-the constitu-
 tional requirement. for extra sessions of | the Legislature. In my judgment, 1t | does not. 1 T am aware that many people think
 that 1t does and large number will disagree with me in my conclusion in this matter. I have. therefore, thought | to submit my reasons for this decision | that the people may know the condi- | tions that exist under the I1usk act and the conditions that exist under the