The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-08-25
DECISION GOES
AGAINST JACKSON
Effort TO Gust Him on Consti-
tutional Grounds
CASE HAS BEEN APPEALED
Judge Coleman Has Named Friday as
Date for Hearing Petition to
Test constitutionaIity of
the Morrow Act.
CASE HAS BEEN APPEALED

Bessemer, August 24.-(SpeciaD-In the
quo warranto proceedings instituted by
Justice of the Peace S. ]. Tillman against
William jackson, judge of the Bessemer
Inferior court, seeking to GUST him on
constitutional grounds, Judge Charles w.
Ferguson, who heard the case today,
rendered a decision In favor of the Pc
titioner.
The ground on which the act establish
ing the court was tested was lack Of
sufficient advertisement. The respondent
gave notice of an appeal to the Supreme
court.
Judge Tillman was represented by At
torneys Estes and Welsh, and Judge
jackson by Attorney Pinkney Scott The
petition was at first filed in the Besse-
mer City court, but was transferred to
the Birmingham City court by the con-
sent of the attorneys.
The petition admitted the proposed bill
had been advertised in the local papers,
but contended that the advertisement was
not full enough. They claimed the adj
vertisement read something like this;
There will be a bill introduced in the
legislature at the coming session provid-
ing for an inferior court, to be known
as the Bessemer Inferior court, with civil
ana criminal JuTlSulcllOI
The two justices at the time that the
bill became a law were Judge William
Jackson and Judge S. j. Tillman. Judge
jackson was appointed judge of the newly
established court by Governor JellSs At
the last election he was nominated judge
of the Bessemer City court, and will take
charge of ais new office in December
AT the primary B. G. Perry was nomi-
mated judge of the Inferior court, and
H. M. Fitzpatrick was nominated clerk
of the court. If the Supreme court af-
firms the decision of the lower court
these two nominees will be thrown out
of the offices for which they have been
named.
Judge Jackson who appealed the case
will have ten days in which to make
a bond for the costs and also a super
sedeas bond. AS the regular session OF
the supreme court does not meet until
November it will be until that date be-
fore the case Is finally disposed of.
Morrow Bill Set for Friday.
Judge A. A. Coleman of the circuit
court has set next Friday as the date on
which the petition testing the constitu-
tionality of the Morrow act will be sub
mitted. The attorneys agreed to submit
| the case without argument. Since the
bill was passed by the last legislature
providing for the removal of the civil
cases from the Bessemer court to the
| Birmingham court the bar of this city
| has stubbornly contested the constitution
| ality of the act.
| The petition was filed today by s. p.
| Cain asking that Judge Coleman compel
| the clerk of the city court of Bessemer
to certify to the papers in the case of
| E. A. Little, plaintiff for damages. De-
murrers in behalf of the Bessemer court
were also filed, set Ing forth that the
Morrow act is unconstitutional.
| Last winter shortly after the act be-
came a law 1t was tested before Judge b..
| Clay Jones. who decided that the bill was
unconstitutional. 1t was then tested in
| the Birmingham city court and the trial
| fudge decided that 1t was constitutional.
| An appeal was taken to the supreme court
and that body affirme thu decision of the
| Birmingham court. The grounds on which
| It was attacked then was that removal
| of cases from the Bessemer to the Bir-
| mingham courts was change of venue.
| This time the bill is being attacked on
| grounds that the bill is local act and