The Birmingham age-herald., 1904-10-04


 The Birmingham bar wants an extra session of the legislature to straighten out the Judiciary tangle as a result of the supreme court decision declaring the Lusk bill unconstitutional.
 Acting Governor Cunningham has de- clared his unwillingness to call an extra session unless it be absolutely neces- sary." Many lawyers. including Judge Charles A. Senn, thinks his position cor rect, that Is, if it is absolutely necessa- ry' an extra session sohuld be called.
 Strong pressure will be brought to bear to show the chief executive that 1t is absolutely necessary" and out of flf- teen prominent lawyCfs who were ques- tioned about the matter yesterday, twelve of that number declared themselves in favor of an early meeting of the legis- lature.
 OvercroWded Courts. The foremost reason advanced by the legal profession in its advocacy of Gov ernor Cunningham issuing the call is the overcrowded condition of the courts. The Lusk act provided for four additional judges and it was thought that with this number of good men on the bench the business could be dispensed with and all cases, both civil ana criminal. could have an early hearing. One attorney said yes terday that in Jefferson county the situ- alton was serious. q have in mind one case" he said, in which I brought suit year ago last September The case nat fnf friQ weeks from now l was told that the courts were just about that far behind with business and it is very necessary that something should be done and done quick"
 The Lusk act provided for an addi- tional judge of the circuit court as did the consolidated court law. Both of these laws have been declared unconstitution- al and Birmingham is without the addi- tional judge. As a consequence cases have piled up on Judge Coleman and notwith- standing the fact that he has worked hard the number of cases continue to in crease. Now if the special act putting Jefferson county into a separate circuit is declared unconstitutional Judge Cole man will nave to attend to the circuit court business in both Walker and Win ston counties in addition to his present cvercrowdeu docket.
 As an evidence of the anxiety of the bar over this matter and the determination of leading lawyers to show Governor Cum ningham he necessity for an extra ses- sion the 'ollowing views are given:
 Almost Imperative.
 Capt. w. c. Ward-"I trunk an extra session almost imperative under the de- csion in he Lusk case. Our courts are badly over crowded and the relief sought through tho Lusk bill b not now avail able. Our own county of Jefferson is one of the heaviest sufferers. We need an- I other judge to help get through with the immense amount of work on hand. It would be economy for the state to have an extra session"
 Judge W. R. Houghton-'T am with | Governor Cunningham. I do not at pres i ent see -he necessity of an extra ses- sion. It means a heavy tax upon the state treasury and may not succeed in remedying the trouble"
 l Nathan L. Miller-"I think an extra ses- l sion absolutely necessary and am heart l fly in favor of Governor Cunningham is- suing such a call. Our courts are badly behind with the work and It would be a great benefit to the public to have these cases disposed of. It is important that civil cases should have an early hear ing as criminal cases. The judiciary sys- tenn is badly torn up by the supreme cort deeis'on but 1t is fortunate that the decision was made at this time as the situation could have been much worse. I favor the early call of an extra session of the legislature.'
 Thinks --,..ra Session Advisable. | Captain Frank s. white-'T think 1t advisable to have an extra session of the legislature to remedy the trouble caused by the failure of the Lusk bill. Our courts as they now stand can hardly 1 get through with the immense amount of business before them and additional judges are needed. think Governor Cum ningham should issue the call. | H. K White-'T think an extra session of absolute necessity, and believe that Governor Cunningham should issue the call as early as possible. The cost of the extra session will be more than saved by the state. The feed bills of prisoners