The Birmingham age-herald., 1904-08-07

ton for tho coEmon good and general welfare, within the limits of the consti- tuition, and honest, faithful and unques-
 tioning obedience to the law, are the
 paramount questions for which the unit ed democracy is now forced to contend, by the usurpations. maladministration and gross disobedience of the law, which
 the republican party, under the lead and dominion of MT. Roosevelt, has compell-
 ed the country to demand"
 Alabama is ''up against it' in the worst
 sort of shape so far as It's judiciary is concerned. The action of the supreme
 court in declaring invalid the Jefferson
 county consolidated court bill was thought
 to have cleared the atmosphere to some extent regarding the rest of the state. But it seems not Most of the state of
 ficials who are at all posted believe the Lusk measure, redistricting the Judiciary
 of the state will, like the Jefferson bill,
 be unable to get by the supreme court.
 The effort to have a special session of
 the supreme court In September looks to
 bringing out some sort of order, but it Is
 not certain that 1t would. Suppose the
 court should decide that the law is in-
 valid, what then? Will the cases tried
 under it be unlawful? Or will it be held that the court Is de facto and it's acts sustained. If that Is so, who will de-
 eide it, the courts, or will it be necessary
 to call a special session of the legisla-
 ture. Can that body do so? And, fur
 ther, suppose the legislature should be called together and pass an entirely new
 bill, which 1t would very likely do, what then would be the status of the cases tried under the disputed measure and
 what could be done with those men who
 have been elected judges and solicitors
 under the said law? There are several
 of these who would make a pretty big row before they would allow their jobs
 to go to the bow VOWS.
 The Lusk bill is hoo doc. It made
 family row in the halls of the general
 assembly that became almost personal at times It was not popular in the
 senate and when with its house dress 1t
 reached that body the higher solons came so near tearing 1t all off that few recog- nized 1t as the product of the mind of the popular Marshall county representa- tive.
 When the bill escaped the clutches of the senators, it had become so badly bedraggled with amendments that its house friends refused to recognize 1t, and forced 1t to conference committee, which seems to have only half way looked af- ter its welfare. This committee looked it over and decided that the senate should recede from two of the most important amendments, but let the others pass without recommendation. Inasmuch as the many changes of the senate made the measure almost entirely different from the house production, the failure Of the committbe just here was serious.
 It alsoS seems that even the committee was not able to amicably agree on any thing. There were three members from each house. On the vote on conference report only one of the senate trio cast his ballot The report was adopted. there fore by the votes of the three from the house and fone from the senate. It seems thats the senate wanted to kill the bill outright and did everything 1t could to accomplish this end save in- definitely postponing it.
 As already outlined in thess dispatches the point of attack Is on the action by the two Aou6e9 conceEninG tha report