The Montgomery advertiser., 1904-01-03
auarles Answers Jelks Refusal.

In response to the governor s announce" ment, that he had no authority to call special term of the Circuit Court ,as re- quested by Solicitor W. W. .Quarles, to try the cases against the men accused of murdering the negro prisoner in Pine apple a week ago, the solicitor today in- vited Governor Jelks' attention to sec | tions of an act of the general assembly of 1S9S-1S99 which in the opinion of MT. Quarles provides that the governor shall whenever he deems that the due adminis- tration of law requires 1t. order any cir cult judge to hold a special term of court in any county of his circuit. This au- thority." says Mir. Quarles. "has hereto | fore been exercised in this circuit by the governor of the State.''
 Solicitor Quarles declined today to make q statement but he now makes public | the correspondence between himself and Governor Jelks fin regard to the calling of n special term of the court of the Fourth Judicial Circuit. ss l The solicitors request that the governor order the convention of she court in spe- cial session was sent December 3l by telegraph from Pineapple where the solici- tor was representing the State in its case against the alleged murderers, and it was couched in the following words:
 'In my judgment the situation here justifies and demands the converting of a special term of the Circuit Court of VII cox County at the earliest practicable time to deal with the persons charged with murdering Arthur Stewart on the night of the twenty-fifth. The best citi- zens here concur in this judgment. Please answer at once if it will be called, and when to meet"
 The governors reply under same date was:
 'I would call special term of court but have no such authority. Hope the judge who is so authorized will do so under the provisions of the Lusk bill. He can do so with short notice.''
 The authority cited by Governor Jelks is a section of an act of the Legislature approved October F. 1908, to amend cer- tain sections of Article 1 Chapter 19 of in part, as follows: ..
 Whenever in the opinion of the judge of the circuit whether in term time or | in vacation, an adjourned or special term of the Circuit Court in any county of the circuit of which he is judge is neces- sary, he may, by an order signed by him. and entered on the minutes of such court in term time or vacation, direct said court convened either immediately or at such day as he may designate. At such term of said court, either on the conven- ing thereof or at any time during the sitting thereof. the court may order and | organize a grand jury which shall have and exercise all the powers of a grand jury organized at a regular term of the | court. The court may at the same time order and organize petit jury or juries. |"
 Answering this communication Solicitor Quarles telegrapher today to Governor Jelks:
 1 "RenIvin1 fo 1oir kaia0raro of the fI,Ir ty-first, permit me to bring to your at- tention sections five and six of an act | of February 20, 1899, General Acts page 236, which authority has heretofore been exercised in this circuit by the governor of the State"
 The sections cited by the solicitor pro- vide that,
 Whenever in the opinion Of the Gov ernor the due administration of the law requires it, he shall order and direct any Circuit Judge to order and hold an ad- journed term or a special term of the Cir cult Court in and for any County in said Judges Circuit. ." And that
 Whenever it shall come to the knowI- edge of the Governor that felony, which is punishable by death or imprisonment | in the penitentiary for life, has been com- mitted. and that the person or persons accused thereof have been arrested, and that no court having jurisdiction thereof 1 is in session, he shall, whenever in his opinion the due administration of the law | requires it, order and require the Judge of that Circuit to proceed instantly to the court house of the County or District in which the offense was committed, and impanel at once grand jury to inquire of and present such offense charging the commission of a capital felony. ." Mir. Quarles declined to be interviewed upon the correspondence.