The Birmingham age-herald., 1904-12-02
Numerous Court Questions
 Come up for Decision
IN THE SUPREME COURT
Fourteenth and Fifteenth Circuits Are Attracting Especial Attention-Ar- ment Is Made By Mir. Bank
 head-other Questions.

Validity or courts, time or successloh III office and authority to be and not to be in the various sections of the public ser vice in Alabama have made the attorney | general almost gray during the past few days, especially though he has much of this kind of thing to look Into for many l months past. Two very important cases | were presented to the supreme court to- day: that of the Fourteenth circuit, by | habeas corpus proceedings. and of the | Fifteenth circuit, by direct presentation by the attorney general. Both these tri- bunals are in bad legal repute so far as their establishment goes and both seem | to be on dangerous ground, according to former action of the supreme court.
 In the case of the Fourteenth circuit, habeas corpus proceedings were brought from the Jasper court. and argued by | Hon. John H. Bankhead. Jr., of Jasper, | who, as a member of the last general as- sembly, had the bill creating the circuit | passed MT. Bankhead presented two propositions, one that the bill was not local. in that the jurisdiction of the judge and solicitor was general; and the other, that the constitution expressly provides that the legislature shall sub-divide the state into convenient judicial divisions, therby eliminating the idea that the bill was local. The law creating the circuit is attacked on the ground that it was a lecal bill passed as general measure, without sufficient advertising.
 Bankhead's Argument.
 It was argued by MT. Bankhead that If the law had any general application to the state 1t was not local; that In order fo law to be local 1t must ap- ply exclusively to a portion of the state. New Y91k and Louisiana cases were cit ed in support of this position
 Sections of the constitution were quoted to show that a circuit court exists in each county and that the state shall be divided into convenient circuits Also that such court must be held in each county and that the judges may hold court for each other and may issue in- junction returnable to other courts and such courts may issue attachments and other process for execution throughout the stare.
 l Missouri and Texas cases were cited to show that the people of the entire state ase interested in the administra- tion of law in other portions of the l receiving It's authority directly from the constitution applies to the whole state and the fact that 1t is divided into l circuits cannot local1e it. Both of these states have constitutional provisions ex- aetly like ours and their supreme court l holds that an act creating new circuits | is neither local nor special legislation. It was argued that each circuit is an in tegral rart of the whole system and | ef f1u q only amcadatory of the general system
 The ecnstit directs the legislature | to divide the state into convenient cir cults and the creation of new circuit is nothing more than further subdivision
 The effect of an act and not it's word ing determines whether it Is local or gen. eral. The supreme court of Alabama de- clared in the Holt case in III Alabama. If a blll had been passed dividing the state inio convenient circuits but mak- ing no change in existing circuits ex- cept t) make the fourteenth circuit by taking Walker and Winston from the tenth, it is conceded that such a bill would Le general. There would be no difference In the effect of the bill sup posed ord in the fourteenth circuit act making the change directly Certainly what osn be done indirectly can be done di ectly.
 ObJeCt or NoIICe.
 The object of notice is to give the peo- pie in the locality affected an opportunity to be heard in opposition The division oi the state into convenient circuits Is expressly vested in the judgment and wis dom of the legislature. The constitution does not contemplate that notice shall be given so as to enable local oposition to do a duty which the constitution com mands the legislature to perform.
 It is lnconceivable that a duty should be commanded and provisions made to strike down and letter the performance Of that duty
 Notice is only necessary when some one applies for the passage of a bill affecting some matter of thing locally situated Certainly it is not necessary for some citizen to apply for the passage of a law when the constitution commands the legislature to pass 1t. Whenever the legislature decides that new circuit Is necessary to make a convenient arrange ment, 1t then becomes its duty to make such circuit. circuit is not a matter or thing locally situated. It is sub jeet in which all the people of the state are interested
 The constitution authorizes the 1egisla- ture to establish circuits from time to time" This provision has been held by the supreme courts of Missouri and Flor ida to give the legislature authority at any time. without notice previously given by citizen. If notice must be given. where must 1t be given? Tn the counties put in the new circuit. or, In all the coun- ties including those left in the old cir cult? If notice must be given then the legislature cannot decide what is proper division into circuits but must follow the notice given by some industrious citizen who was willing to pay the cost of nos tice.
 Interesting Fact.
 The interesting fact was brought oul that in four states with exactly the same constitutions, on the subject of notice oi local bills, that the supreme court oi those states have decided that where thing Is directed or even authorized by the constitution, even though local, | Is taken out of the requirement of no tice The following cases were sighted 39th Louisiana. 355: 123d Missouri. 291 So. Rep. (Fla.) 191: 9th Texas, appeals POT. The section in our constitution or notice of local bills was copied from the constitutions of the states mentioned Authorities were cited to show that when clause Is copied from the constitution of another state, which has received judicial construction, that the construc- ton given 1t by the courts Is also adopt- ed Section 104 of the constitution was cited to show that the framers or the constitution recognized this rule Alter providing that local laws could be passed regulating the hquor traffic. they insert | ed that no such law coulu be passed Wlth- out notice The latter provision was sur plusage and without meaning unless that construction is given it. It IS familiar