The Birmingham age-herald., 1904-07-24
ANOTHER CIRCUIT JUDGE IS ALLOWED Lusk Bill Fills Gap Left by the
 Recent Decision MIR. JOHNS IS A CANDIDATE As Mir. Weaver Is Endorsed for Judge of Criminal Court and Wants
 That Place an Interesting
 Situation Arises.

ject to the action of the democratic party.
 Such an announcement. coming on the heels of the supreme court decision de- claring the consolidated court bill un- constitutional and long after the primary has been held and almost forgotten means much more than the bare words ot the advertisement would indicate. II means that the invaidation of the consol dated court bill has created another of flee in Jefferson county. and in manner possibly heretofore unknown by score of lawyers in the state of Alabama
 This announcement by MT. John means that an extraordinary session of the lief ferson county democratic executive com mittee will be necessary. and according t' leading lawyers will develop many com plications and interesting points of law.
 The Lusk Bill.
 The announcement of MT. John is based on section of what Is known as the Lusk redistrictlng bill. which has prac- tically rearranged the entire judiciary system of the state. In this bill there is a provision for two circuit judges in Jefferson county provided the consoli- dated court bill does not go Into effect.
 The cause in the Lusk bill. applicable to the case in question, Is as follows:
 Tn the Tenth judicial circuit there shall be elected by the qualified electors of said circuit two judges of the circuit court at the time and In the manner provided by law for the election of one circuit judge in other circuits. Each of said judges shall have all the power, authority and shall perform the same duties conferred on and required of circuit judges by law. Said judges shall receive the salaries now provided by law, and in addition there shall be paid to each of said judges out of the county treasury of Jefferson coun- ty the sum of $500 per annum. payable in monthly installments an additional com pensation. The circuit court of said cir cult shall consist of two divisions, one of one of the said judges sitting in each of said divisions and in each of said divis- ions there shall be tried such cases as the clerk of said court shall set to be tried therein.'
 The section of the Lusk bill making provision for the possible establishment Ol tAt CDllSOiludltu court IS dS lOllOWS.
 Tn the event of the establishment oi the circuit court of Jefferson county as provided by house bill 967, entitled an act H. 967. To consolidate the city court of Birmingham, the circuit court of Jefferson county, and the criminal court of Jeffer- son county, and the chancery court of Jefferson county into one court to be known as the circuit court of Jefferson county with a sufficient number of Judges for the transaction of business of such consolidated court as provided by section 14S of the constitution of Alabama. The provisions of this act in so far as they re- late to the Tenth judicial circuit shall not go into effect"
 From these sections 1t will be observed that when the consolidation court bill fail- ed for lack of compliance with the provis- ions of the constitution the Lusk bill ir so much as it applies to Jefferson county. be- came effective. Therefore, under the Lusk bill, which is now in operation. two judges are provided for in the circuit court ot Jefferson county. One of these judgeships Is sought by MT. John.
 MT. John Talks.
 "I was conyersant with the provisions of the Lusk bll," said MT. John yesterday afternoon, "and as soon as the consolidat ed court bill was declared unconstitution al, being assured of the support of my friends. I decided to enter the race fol the place. So far I have no opposition. have talked to Mir s. L. Weaver, who was nominated to the judgeship whicf does not exist under the supreme court decision, and he informs me that he de sires to succeed Judge Greene as one of the judges of the criminal court. l am not prepared to say now what steps will be taken to bring the matter to the at tention of the couny executive committed but that will be decided at meeting Of my friends to be held within the next few days
 Chairman Thompson.
 B. A. Thompson. chairman of the coun- ty democratic executive committee was notified of MT. Johns candidacy last night and was asked as to what action would pc taken by his committee
 "Of course there Is no necessity for a meeting of the committee before the fif- teenth of August" said MT. Thompson, "as the election does not take place until November 1 am not in a position to speak for the committee just now and cannot tell exactly what action will be taken. You understand, I suppose, that the committee will have to meet to certify to the nominations of the other candi- dates for judges. These nominations were made for offices that do not exist and con- sequently the nominations will have to be changed, as to the tile of the office so as to comply with the present law.
 This leaves MT. s. l.. Weaver out. as there is no place for a third associate judge If MT. Weaver should desire the nomination as the second judge of tho circuit court I am of the opinion that the committee would favor that plan. Ii
 
 ton. It Is questionable whether the com mittee would have the right to declare MT. John q nominee, even though therC were no opposition. If there is opposition another primary will be necessary. l am to make any definite state ments in regard to this matter now as prefer not to discuss 1t fully until the committee has met"
 Another Question.
 Another interesting question which has arisen in the judiciary muddle Is the pos sibility of the Lusk bill being declared unconstitutional. Attacks have been made on the bill in several counties but as yet the matter has not been brought to the attention of the supreme court. Accord ing to leading attorneys there seems to have been some irregularity in the pas sage of the bill, and fight will be made on this proposition. As to the insuffici- ency of advertisement, the point of the decision on the consolidated court bill. lawyers agree that 1t would not hold good in the Lusk bill as that Is unquestion- ably a general bill while the consolidated court bill was purely local
 Lawyers are apparently divided on the question of the constitutionality of the Lusk bill though the majority seem to be of the opinoin that the various legal att tacks will develop some constitutional