The Birmingham age-herald., 1904-10-02
Courts of the State as a Consequence Are in Pt-
 euia TangIe
SERIOUS SITUATION IN
 THE COUNTY OF MADISON
Indictments Agaln.t Lynchers Are Probably InvaId-Jefferson County Circuit Court Is Also Af.
 fected Somewhat.

What is commonly know the Lusk law, an act which redistricted the judi ciary system of the state and which was passed at the last session of the legls- ature, has been declared unconstitutional bv the supreme court of Alabama As a result leading lawyers say the judiciary system of the state is in the worst tangle experienced since the admission of Ala bama into the Union in the year of 1Sls. Many leading citizens have been nom- hated to offices which do not exist, under this decision, and it is probable that strong pressure will be brought to bear upon Acting Governor Cunningham to call an extra ordinary session of the legislature at once and remedy the trou- be before it sinks hopelessly into the mire of legal complications.
 The decision of the court is terse and to the point. It reads
 "Board of Revenue of Jefferson Coun- ty ct al. vs. Edward c. Crow. appeal from Jefferson chancery court; affirmed
 Court Holds.
 The court holds that the journal of the house does not show that the house concurred in the amendemnt adopted by the senate as required by section GA Of the constitution, and that, therefore, the bill as signed by the speaker of the house and president of the senate and approved by the governor, was not constitutionally passed by the two houses"
 The supreme court will hand down an opinion at a future date. but will pre- sumably announce it's findings early so that time would be had for the fpd- Ing of any remedy deemed advisable be- fore the judges are elected in November The journals of the senate and house show that the Lusk bill passed the house and was sent to the senate. The senate committee reported back with a substitute for the Lusk bill and this was adopted by the senate. The senate then added two amendments onto the substitute and sent the bill back to the house. The house re- fused to concur in the amendments, and a conference committee was appointed. The conferees finally decided that the sen ate should recede from the amendments and this report was adopted by the house. In some manner, however, the house failed to pass the substitute as passed by the senate, and consequently the bill that passed the senate did not pass the house. This is the point in detail on which the decision was reached by the supreme . court.
 Concerning Extra Session.
 Every lawyer who was consulted last night agreed that it would be wise for the governor to call an extra session of the legislature so as to surmount the serious obstacles encountered by this wholesale tearing up of the judiciary system of the state
 The serious difficulties arising from the present state of affairs are best described in the following statement made by At torney John London, who was instru- mental, to large degree, in bringing the matter of the unconstitutionality of the Lusk act before the supreme court:
 ..The decision of the supreme court af- frming the decree of Chancellor Carmi- chael, declaring the Lusk act unconsti- tutional and invalid, has the effect or wiping out or striking down the four additional circuits created by that act and thus abolishing the office of each of the judges appointed to preside in the additional circuits. As matters now stand there are in the state thirteen Ju- dicial circuits as prescribed by the code of 1896. each covering the same territory and embracing the same counties as 1t did before the last meeting of the last legislature with the possible exception of the tenth circuit.
 The Tenth Circuit.
 The tenth circuit was composed of Jeff ferson. Walker and Winston, and so far as the Lusk act was concerned still em- braces those three counties. but during the same session of the legislature at which the Lusk act was passed, another act was passed and approved creating the fourteenth circuit out of Winston and Walker counties and of course talk ing those counties out of the tenth judi cial circuit. If that act was valid there are fourteen circuits in the state, and Jefferson alone composes the tenth cir cuit But no notice whatever of an in- tention to introduce the act creating the fourteenth circuit was given and 1t would seem under the decision of the supreme court, in the cast of Wallace vs. the Board of Revenue, holding the act pro- viding for the consolidation of the cir ouit city and criminal courts of Jefferson county into one court, a local law and invalid because sufficient notice of the nurpose to introduce the act had not been given, the act creating the four teenth circuit would be held to be local law and void.
 .sNo decision of the question can now he had until after the election in No- vennber and as everybody has to treat the law as valid until 1t is pronounced in- valid by the court, judge will be elect ed for the Fourteenth circuit composed nf walker and Winston and for the Tenth circuit composed of Jefferson alone. Now if the act creating the fourteenth circuit Is declared to be unconstitutional, null and void not only will the judge elected for that circuit lose his office, but crave question will arise whether the iudee elected for the Tenth circuit by inc voters of Jefferson county alone, the voters of Walker and Winston having had no opportunity to vote for the judge of the Tenth circuit. although they formed a part of that circuit, was legally elected. And of course the legal ity of the election of the circuit solicitor will be similarly involved.
 Unfortunate State of Affairs.
 sIt is very unfortunate that decis- ion of the supreme court on the validity