The Montgomery advertiser., 1904-05-07
LYNCHERS MUS1
 BE PUNISHED
(contineud from Page one.)


 to .order and direct any Circuit Judge to order and hold an adjourned term or special term of the Circuit Court, nao been raised, the question would De reIer- red to the Attorney General. the Governor now quotes from the opinion of that of- ticer as follows:
 Complying with your request have examined Section 5 of the act to .proviae for the holding of circuit and chahGery courts when the judges or chanceilors thereof fail to attend regular terms, py a supernumerary judge, and to prescribe his powers, duties and pay, and to pro- vide for the election for such judge aps proved February goth. 1899, tActs of Ala bama, 1s98-99, page 236). The section of the act referred to directs the Gov ernor, whenever in his opinion the oue administration of the law requires IL, 1c order any Circuit Judge to hold an ,,I. au. tourned or special term of his court Thc title of the act indicates that its purpose is to provide for holding regular terms oI courts when the judges thereof faii 10 attend such regular terms. The 'title contains no intimation that the act will make provision for the Governor to order Circuit Judges to hold special terms ol their courts whenever he thinks proper Neither is such provision, cognate or re ed in the title. This part or the act under consideration Is offensive to the constitutional clause that each law snail contain but one subject Which s,,.U, snait pc
 
 ton, Section 45.) The cases in support of this proposition are so numerous ana so generally understood deem 1t unnec- essary to cite them. provision would be valid, even If not subject to the infirmity pointed out. The Constitution commits the judicial powers of the State to the judiciary; and 1t nna; may ernor the power attempted to be confer red by Section of this act. (Constitu- ton. Sections 42 and 43). NO opinioh' however, Is expressed upon this point. .,
 :" Section of the act may be struck out for tho reason above indicated with out invaiidating the other parts Of the act. After eliminating section }. com plete and harmonious enactment Is lert, capabIe of enforcement
 While the Governor was entirely familiar with this act he is none the less obliged to you for bringing 1t to his at tention. with the statement that 1T ne sees proper to make such an order that YOU will most cheerfully obey the same. Inasmuch. however. as he, concurs in the opinion of the Attorney General Of the | State that no such authority Is vested he now does, with all the urgency at his command that you exercise the authori- ty committed to you and about whlch there can be no question, and hold the court.
 If you will do so. please let him know | in time to have the Supernumerary Judge relieve you of your regular court at | Mobile Very truly yours, 'tJ K. Jackson, Private Secretary" Letter to Judge Sayre. This letter was sent to Judge T. s. l Sayre in reference to the lynching Ill Montgomery, May S. 1904. Hon T. Scott Sayre, Judge of the Eff teenth Judicial Circuit, Montgomery | Alabama:
 My Dear Sir-The Governor directs me | to bring to your attention the lynching oi | Gaines Hall in Autauga County a day | or so since and to most urgently request | that you order a special term of court | in said county, in order that this matter l may be thoroughly investigated and the | guilty brought to justice.
 "You understand that the authority tc l order a special term of Court Is not com | mitted to the Governor. but to the Circuit l Judges. and the Governor. therefore, In | dulges the hope that sou will promptly sci in motion the machinery that has fol | It's end the maintenance and supremacy l of law and order.
 Tn the event yoI shall determine tc | hold this special term of court, as re- l uuested. and 1t conflicts with the holding | of your regular court the Governor will l arrange to come to your reief with the 1 Supernumerary Judge.
 "very truly yours, 1 'J. K. Jackson, l 'Private Secretary"
 During the past few days Governor l Cunningham has had several conferences | with Judge Sayre relative to the Autau- | ga County lynching and 1t is expected l that an investigation into the crime will | beRin soon.