The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-10-07
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|
Montgomery. October 6-(Specia1)-At-
| torney- General Massey Wilson handed to
the Hon. j. Kirk Jackson, private secre-
tary to the governor his answer to the
| questions of Governor Cunningham pro-
pounded the day before yesterday, re-
garding the conditions of the courts In
the circuits affected by the decision of
the supreme court in the Lusk act. and
| In 1t he made the chances for an extra
session of the Legislature very slim, If
| there is anything In the sight of a man
| up a tree. The governors secretary
| looked pleased as he read it over, and
anything that will help save such extra
session is regarded In the office of the
executive as mighty good news. The
governor also found much in the paper
| to give him pleasure.
! Mr.. Wilson was asked to tell If the
| failure of the Lusk act deprived any
county in the state of a common law
court before which equity and criminal
cases could be tried. The answer was
that it did not The said Lusk act was
rendered null and void by the highest
court of the state and did not do any
thing or change any legal status as
consequence.
Another question related to the use of
judges. Could the regular judge of cir
cult call a special term in one county
and have the supernumeray judge hold
the court which was due at such time?
The Encouragement says he can; also
that special judges may be appointed to
hold courts In circuit while the regular
Judge is busy In the same circuit, and
the supernumerary judge Is busy.
Likewise the circuit judges may APP
point solicitors and have as many as are
needed to do the work of as many courts
as are run In the circuit.
Not Retroactive.
Also that anything that the legislature
might do will not validate anything done
by the courts which have been declared
invalid.
Also that the bill passed which takes
the chancery practice out of the North
western division, so far as Winston and
Walker counties are concerned, Is void,
In the opinion of the attorney general
which will have the effect Of greatly
strengthening the situation In the Four
tenth circuit, one of those which is not
expected to stand the tests of the courts,
by making 1t possible for old conditions
to be resumed If there Is a Knockout for
the law.
Came to Capital.
The failure of the Lusk &C. to get a
happy and permanent home in the legal
household of Alabama has had the eff
feet of getting a lot of fellows In counties
affected very busy. The first or these was
Mr. John A. liner of Etowah county.
nominated for solicitor of the Ninth. The
oorracpondaut of this naDer read Mr.. In
ger entirely out of the running yesterday.
as result of being wrongfully Informed.
1t was thought he lived In st. Clair.
which would have placed him up against
the Talladega and Calhoun end Of the sit
uation and brought about his finish in
good shape. He Is, however. citizen OF
Etowah, and came In today with long
list OF good names on a petition which
will get him on the ticket as one of the
| nominees in the Ninth.
Richard C. Hunt of DeKa1b was also
| here today. He Is nominated for solicitor
In the new Seventeenth and now gets
| back into the Ninth. He claims that he
Is the man entitled to 1t, and has him.
self a petition like unto that filed by Mr..
| liner. So there are two who want to
look after crime in that territory, not
to mention Mr.. McCord of Marshall, who
threatens to get in before the entries
close.
Two men are In the race for the Ninth
| iudgeship-J A. Bilbro, nominated in the
Ninth, and w. w. HARRISON, sent back
into It from the Seventeenth, in which he
was nominated. But this will be up to the
state committee.
| Will Committee Be Called.
| Hon. II, S. d. Mallory chairman of the
state democratic executive cimmittee
said today that he would not call his
committee together If the governor de-
| cided to assemble the legislature In extra
session. If this action was not taken,
however, the committee would be called
to meet in Birmingham some day next
week to look into the matter of ascer-
| tanning who are or should be the nom-
| inees Of the judicial circuits torn asun-
| der by the decision of the supreme court
| in the Lusk act.
| While It is the law that all candidates
shall be certified to the probate judge
| or secretary of state within thirty days
before the day of election there are GER
| tain provisions which may be utilized In
overcoming this This being a fact 1t is
quite likely mat some way will be ar
| ranged to get the men nominated on
| the tickets II they do not get named
| properly in time, though the problem of
settling who Is entitled to the office Is
| the more serious one. Colonel Mallory
| had a long conference with the governor
and left this afternoon for his home in
| Selma.
Big Question Up.
| What shall 1t be called? Which Is
which, peoples party or populist party?
| The secretary of state would like to
know. He has it both ways. On the
| certificate of nominations it is the pop
ulist party, while on the emblem it is
peoples party. Yesterday the certificate
of the endorsement of the peoples party
or is It populist party?-of b. w. Walker
for congress. in the : iftn. came in, and
1t was peoples party. The question is