The Birmingham age-herald., 1904-09-26

again to the capitol. It is generally under stood, too, that Governor Jelks Is no more in favor of an extra session than Gov ernor Cunningham, and would be very glad to find when he comes back to his duties In November, that there had arisen no real reason for such assem- bling.
 Lies With Supreme Court.
 The prospects of the legislature being invited to the capitol for an unexpected meeting lie with the supreme court, which will come together in special session next Thursday to pass upon the decision of the Hon. J. c. Carmichael, chancellor of the northwestern division, that the famous Lusk Judiciary act, which barely wlggled through the last meeting of the legis- lature, did not, in a legal sense, pass at all; that there Is no such law because the bills purporting to establish 1t were never regularly accepted and adopted by the two houses.
 The lawyers of the state in large meas ure, expect to see Chancellor Carmichael be sustained. Attorney General Massey Wilson, however. takes the position that the bill has a show. He has studied the records and thinks there is enough of legality to make it hold. He is well fitted to express opinion on it, too, for the req son that he is not only a good lawyer, whose practice has given him especial insight into matters of this kind but was Tor some time clerk of the lower house or the legislature and is familiar with the machinery by which laws are passed. As matter of fact he Is especially well informed on this identical measure. hay- Ing looked into it at the time of It's pas- sage.
 Might Browse at Laroe.
 IL IS interesting If not always instruct rye to speculate on what might happen II the horses of the state decided, after they were turned loose on the capitol track, to do little running on their own nook They might refuse to train ex- clusively as designated by the executive call, and turn aside into unsuspected ana dangerous fields. The big strong box in that part of the building presided over by the Hon. J. Craig Smith is bulging out with promises to pay. on which the en- dorsement of Uncle Sam, directly or indi- rectly, has been affixed.
 Even the least informed citizen is aware that this is a condition that the average representative of the dear people will do much to change. Could the executive restrain the enthusiastic members and prevent successful attack on this board? Few believe so. The state, as the matter now stands, is well calculated to agree with tie sentiment of the Colorado gam bier when he said that he was sorry to take the stakes, but he needed the money Appropriations already made will utilize quite a portion of the cash now on hand, though there is no imme- diate prospect of the state getting iGto the Mississippi class.
 Considerable Power Given.
 Considerable power is given an extra session of the legislature by the ne-y constitution. Section 76 stipulates that
 when the legislature shall be convened iT special session, there shall be no leg islation upon subjects other than those
 designated in the proclamation of the governor calling such session, except by vote of two-thirds of each house. Spe- cial sessions shall be limited to thirty days" Thus 1t Is seen that with vote of 70 in the house and r in the senate, the legislature might proceed to the dls- c'ssion and passage of anything it de- sired.
 This power is so dangerous in it's lack of li-c.tations that the acting governor, who has left his Ensley patients to min ister to the body polite of the great state of Alabama. Is going to do some tall thinking and insist on some eminently sensible resons before he will authorize legislative pilgrimage to the capitol this good year. In word this same gov ernor, who has deserted for the nonce, his Esculapian allegiance, has made up ms mind to refrain from calling any ex- tra session if the showing of necessity IS not undeniably and irreproachably gilt edged, and those who have had dealings witn him have discovered that he is won derfully 'sot in his ways when he de- termfnes on any line of action.
 Several Things to Consider. There are number Of things that an extra session might feel called upon to take In hand. The constitution antici- pated that there should be provided a
 municipal code, and that laws should be made regulating corporations in their minor management but such statutes were not provided. While the solons were busy contending over a house bill and a senate bill providing for a municipal code, both claiming superiority for its own particular production, and emphasiz- 1 ing anew the old dog in the manager story, 1 the door of adjournment was closed in | their faces and many municipalities were | left high. and some mighty dry. As a re- suit they have been embazoning on the | bill boards and fences Tom Watson s famous but ungrammatical interroga- ton, until they would come down here fully determined to force the boys to | make good for their former failures. If any HudH lillilhS iutSc weary town cOun- cil souls would not bring down their troubles and lay them down at the feet of Mars. Goldsby and Mars. TunstalI. he is poorly informed as to the confidence of the average voter in the ability of the legislature to provide anything desired from forcing his neighbor to move his Fence, to the giving of pensions and dis tribution of garden seeds.
 Is Also ProbIematicaI. Just what the solons might do in the way of providing a new judiciary sched- ule is also problematical. They were as partial to the Lusk law as certain Mephistophonic individual is reputed to be of holy water. and the chances of re- enactment of that well advertised meas