The Birmingham age-herald., 1904-10-05
Many Delegations VIII Gall on
 the Governor CHIEF EXECUTIVE IS ACTIVE Has Photographed t. All Court Clerks for Number of Cases on pockets.
 Other Questions for Leg
 isiature to Consider.

From every section of the state comes i ture to clear up the muddled condition l of the Judiciary system and as lead ing lawyer said yesterday, Tt looks as if Governor Cunningham will have to yield to the pressing demand, coming as 1t does from eminent lawyers and leading citi- zens in other walks of life.'
 In North Alabama particularly the sit- uation is chaotic. Courts have met and heard cases under the Lusk act and dem- ocrats have been nominated to offices which do not exist Being thrown back in the old c.rcuit the democratic party Is confronted with the problem of having two nominees for one office In counties where republicans and antl-democrats of other creeds are numerous, serious sit- uation confronts the democratic party. With the democratic vote split in twair. the opposition would likely wir s-
 In the meantime Governor Cunning ham Is struggling to do what he thinks Is right and for the best interest of the state and is delving Into great piles of letters and telegrams on the subject. In many of the North Alabama counties ar engagements are being made to have dele gations cal on the governor and present the question to the chief executive in all it's seriousness.
 Still Graver Predicament. Aside from the crowded conditions of the courts, especially Jefferson county, graver situation confrontst the people of counties where the Lusk law has been in force. It has been decided that court which was held at tune and place not prescribed by law Is Invalid and with out effect. In several counties courts have been held or are being held under the time fixed by the Lusk act, which is different from the time fixed under the old law. As consequence 1t is the con- sensus of legal opinion that every act of court held at the time fixed in the Lusk law is ineffective and the work will have to be done over.
 The courts can not meet until the next regular time fixed by the old law. This condition has so disturbed the legal pro- fession that lawyers are clamoring for continuances. They do not wish yer dict that can be set aside.
 Other Subjects to Consider.
 If the governor decides to call an extra session 1t Is quite likely that he will be urged to include two or three other mat ters in his message for the legislature to consider. The most serious of these is the fixing, definitely. of the time when such officials as probate judge, county treasurers. tax collectors, etc., shall go Into office. The office of probate judge Is constitutional, however, and Is conse- quently of the greatest importance. The others are statutory.
 Under the election law in the new con- stitution the legislature changed the time for holding elections and specified the length of the various terms of office. There Is no provision in either the con- stitution or the general acts of 1903 spec flying the date on which the probate judge shall assume his office. Conse- auently the time. according to leading lawyers, goes back to the code of 1896. This section of the code reads as fol- lows:
 3354. Judge of Probate and Term of Ofice-A judge Is elected by the qualified voters of each county, who Is styled the judge of probate, and who holds office E for the term of six years from the third day of November next after his election, and until his successor is elected and qualified"
 Many lawyers maintain that under that section of the court the probate judge cannot assume his office until nearly a year after his election. The probate judge, as well as other officers, will be elected on November 8. November 3, next after the election. would lack just five days being year from that time. Agreed With Old Code. This section of the code was adopted