The Birmingham age-herald., 1904-08-02
Committee Appointed to Get an
 Early Decision AN. INTERESTING MEETING
Politics Was Injected Into the Dellb- eratlons, But the Bar Adjourned Without Taking Action Re-
 earding Nominations.

Resolved, That the chairman of this meeting appoint a committee of nine who shall take all the necessary steps to test the consttutionality of the Lusk act
 After session of two hours. In which the debate at one time grew acrimonious, the Bar Association of Jefferson county adopted the above resolution. s. D. Weak ley, A D. Smith, John London, James Weatherly G. R. Harsh. John P. Till man. E. J. Smyer E. K. Campbell and F. & White compose the committee.
 This resolution means that the com mlttee, as named. shall immediately take i, steps to test the constltutionallty of the Lusk bill and bring the question before the supreme court for as early a decls- ion on the question as that court finds convenient. The resolution Is so framed that 1t does not necessarily mean that suit must be brought, but the committee has power to push any other suit which may already have been before the lower courts.
 Just ss the bar had concluded It's work as to bringing about an opinion of the supreme court on the constitutionality of the new law dash of politics was in- 1ected into the meeting and was elimi- mated only after considerable argument and the introduction of several resoIu- lions. None of these resolutions were adopted and the bar adjourned without giving voice to an opinion on the polit- ical phase of the situation.
 Speakers Were Divided.
 The speakers were apparently divided In their opinions on the validity of the new law Sam Will John, who was one of the first speakers, said that he was not thoroughly convinced that the bill was unconstitutional, but that he thought it proper that the bar should work to bring about an early decision by the supreme court He showed what great difficulties would be encountered In case judges were elected and had entered upon their duties and the act was then found to be uncon- stltutional
 Other speakers gave their views at length on the bill and the majority seemed to be of the impression that the Lusk act would not hold.
 MT. Weakley concluded the argument by saying that as yet he had not made up an opinion. He impressed on his hear ers however, the necessity of immediate action on the part of the bar He was anxious that the supreme court pass on the question before the election so that disastrous entanglement of the judi ciary system could be avoided.
 Resolutions Introduced.
 Von l.. Thompson introduced a resolu- tlon which in effect authorized the chair man to name a committee of nine to im- mediately investigate the Lusk act and bring 1t before the supreme court. If it was found unconstitutional the resolution authorized the committee to petition the governor to call an extra session of the legislature to remedy the defects.
 II. K. White introduced the following as a substitute:
 That the journals of the last house and senate show that the Lusk bill did not In several particulars pass the senate as 1t passed the house; that on its final pas sage in the house the vote thereon was not taken by yeas and nays and entered on the journal; that while introduced as general law, It was so amended in It's passage as probably to become local law In violation of the constitution; that it provided for two judges in the Tenth cir cult, composed of Jefferson county, in probable violation of section 142 of the constitution.
 And, whereas, further, continues the preamble, sections 3054 and 3354 of the code provide that all supreme. circuit and pro- bate judges and chancellors and circuit clerks shall hold their offices for the term of six years from the Sd day of Novem- Der next after their election. and all said officers will not be elected this year until the Sth day of November.
 Therefore, resolved, That the said LuslS bill was not constitutionally enacted that 1t is entirely uncertain whether the supreme, circuit and probate judges and chancellors and circuit clerks to be elect ed throughout the state November sth next can legally enter upon their offices until November g. 1905; and that In this legislative muddle the public welfare re- quires that the governor shall at once call special session of the legislature for at least three specific matters:
 Purposes of Session.
 "First-To enact a law ratifying and validating all orders and judgments which have already been made by courts cree ated by said Lusk bill. and to cure It's defects and amend 1t so that it will &C., cord with the provisions of the consttu- ton.
 Second-To enact a law making certain terms of the supreme, circuit and probate judges and chaneellors and circuit clerks to be elected November 8, next
 Third-To create a court of law and equity for the county of Jefferson under authority of section 139 of the constitu- tion."
 After considerable discussion the resoIu- ton which was finally adopted was in- troduced by L. J. Haley as a substitute for all resolutions. It was found to meet the approval of all and was unanimously adopted.
 Politics Injected.
 Then 1t was that politics came to the front, and the fun began. C. B. Powell introduced a resolution which called upon the county democratic executive commit tee to declare the two candidates, nomi- mated for judge and first associate judge at the last primary. as the candidates for the offices of city judge as provided for under the old or present law, and that