The Birmingham age-herald., 1904-07-22
Thtrt NTH Be No Consolidated
 Court of Jefferson County
NOTICE WAS INSUFFICIENT
VIII Give Effect to Efforts to Restrict Local Legislation and Means Death Of Many New Laws.
 Lawyers Interested.

The announcement from Montgomery that the supreme court of Alabama had rendered a decision declaring what Is known as the consolidated court bill Of Jefferson county unconstitutional was re- eeived with intense interest by the legal fraternity of Birmingham last night.
 This decision means the complete de- molition of a long cherished plan on the part of many Birmingham lawyers, and means that the court system of the coun- ty cannot be changed until another ses- sion of the legislature has met and ad- journed.
 Specifically, 1t means that the recent nomination of Samuel l.. Weaver as third associate judge of the circuit court of Jefferson county Is null and void. He cannot be elected to an office that does not exist.
 All the other Judges recently nominated are provided for under the old or present law. and will assume their respective offices after the election in November.
 Tn view of this new condition of af- fairs it was rumored last night that the bar of Jefferson county would recommend that MT. Weaver be appointed to the vacancy to be caused by the resignation of Judge Samuel D. Greene when he as sumes the office of propate judge as successor to Judge J. P. Stiles.
 Many Bills Affected.
 It is believed by many prominent att torneys and others interested in public affairs that the decision of the supreme court will affect the constitutionality of at least 250 local bills passed by the last leg islature.
 The decision of the supreme court as will be seen on another page was based on the insufhciency of the advertisement calling attention to the proposed introduc- lion of the bill. The constitution provides that all bills of local nature must be advertised in a newspaper thirty days before the introduction of the bill and that such advertisement must contain substance of the bill. In the case of the consolidated court act the advertisement was printed in due time but 1t did not contain the substance of the proposed measure It merely referred to the bill as measure to consolidate the courts of Jefferson county.
 The supreme court says that such notice was insufficient and as hundreds of local bills from all sections of the state were advertised in the same manner they are likewise subject to attack and de- feat
 Two Lawyers Dissented.
 The consolidated court bill was drawn up by committee appointed by the bar association of Birmingham but b. H. Cabaniss and John London made a dis senting report on the constitutionality of the document. The bill, however, was advertised and presented to the legisla- ture in due time and was acted upon favorably by that body. On the strength of the passage of the bill an election was held for the purpose of selecting judges to fill the places provided for in the new law. The bill provided for a senior judge of the circuit court of Jefferson county and three associate judges. A fourth was also provided for. to be elected when majority of the judges elected should think 1t necessary.
 lne present. law pioNiutS ioi d hOAioA judge of the city court, judge of the second division of the city court. cir cult judge, two judges of the criminal court and chancellor. It will be seen that there are placese for all the new judges except the third associate. Samuel l.. Weaver Is the unfortunate nominee. There is no office for him to occupy.
 Soon after the bill was enacted the board of revenue of Jefferson county be- gan making preparations to provide the new court with books and stationery. Thereupon Attorney John London applied for a writ of injunction to prevent the board of revenue from appropriating the necessary money for this expenditure. which amounted to something over 5000. This brought the case to the court of Judge John c. Carmichael, chancellor of the northwestern chancery division, A demurrer was filed to dismiss the case on the grounds of want of equity, the facts In the case being admitted. Judge Car michael sustained this demurrer and dis missed the case. An appeal was then taken to the supreme court and the de- cision Of yesterday resulted.
 The Contention.
 It was argued by the petitioners in the case that the act was unconstitutional
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