The Montgomery advertiser., 1904-12-03
MONTGOMERY JUSTICES
ConMIssIons xkr. ISSUED. TO FIVE
 IGAGIsTRATEs.
Atterney-General Hoids That Law Re- aacing City Heats to One Justice e < sf Feacs is wltAopt ,-

Acting Governor Cunningham yes- terday issued commissions to w. A. Taylor. w. s. Stokes, J. N. Browder, J. B. Fuller and H. W. Fanchor to hold ofnces as Justices of Peace in Mont. gomery County. thus making two such oficers in five of the six Montgomery city precincts.
 In the sixth precinct only one Justice of the Peace was elected, ]. F. Arm strong. and there was no extra com mission to issue in that instance.
 Until yesterday the Governor and the Secretary of State had refused to give commissions to more than one Justice of the Peace in each city precinct of Montgomery, pending an opinion Of Attorney General Massey. Wilson. The opinion was given yesterday and ad- vised that the commissions be Issued to both officers in each precinct where they were elected.
 The cause Of the doubt in this matter was tho act of the Legislature, ap- proved February 13, 1903, providing that only one Justice of the Peace shall be elected for each of-the six city pre- cincts of Montgomery. The act was declared void. however, by Judge T. Scott Sayre of the Montgomery County Circuit Court in mandamus proceedings instituted by W. c. Fuller, a candidate for Justice of the Peace jn the Third Precinct. and whose name was placed on the ticket, together with D. c. Tar yer. the nominee in the Democratic pri- mary
 Although W. c. Fuiler's name was placed on the Democratic ticket, he was defeated by J. N. Browder, #
 The Attorney General takes the view that the decision of Judge Sayre Is of force. as no appeal was taken from it.. and the commissions should, therefore. issue. The opinion, complete. is as follows:
 Hon. R. M. Cunningham. Lieutenant
 and Acting Governor. Capitol:
 Dear Sir-By an act of the Legisla- ture. approved February 13. 1903, it Is provided that only one Justice of the Peace shall be elected for each of Pre- cincts 1, 2, 3. 4, and 6. Montgomery County, instead of two as heretofore. Uocal Acts, 1903. p. 16). Two persons were voted for and duly declared elect ed to the office of the Justice of the Peace in each of said precincts, and the persons 90 declared elected have quail fled and have applied for commissions.
 "A proceeding was instituted be- tween a candidate for Justice of the Peace in one of the precincts named and an officer charged with some duty under the election law, prior to the election, in the Circuit Court of Mont gomery County. for the purpose of test ing the validity of the statute men, tioned. Upon consideration of the case the court held that the statute was void. No appeal has been taken from that decision. and 1t Is of force. Un- der these circumstances, I think 1t would be proper to issue commissions to two persons in each precinct named who appear to have been elected, and who have qualified as Justices of the Peace in said precinct,
 'Very respectfully,
 Massey Wilson.
 "Attorney-General"
 The following men were elected Jus tices of the Peace. having been nom- mated in the Democratic primary in April: J. L. Williams, Beat 1; stephen Beasley, Beat 2; B. c. Tarver, Beat 3; B. H. Screws, Beat 4; William Browder, Beat 5, and J. P. Armstrong. Beat 6.