The Montgomery advertiser., 1904-10-02
LUSK ACT IS OVERTHROWN
 BY STATE SUPREME COURT
it will contain two Circuit Judges ana two Circuit Solicitors.
 Some Kmotty Difficulties.

,t will contain two Circuit Judges and two Circuit Solicitors.
 Some Kmotty Difficulties.
 The difficulty in the matter Is which of inc two sets of court officials will make the run in the November election. Even If thus amicably adjusted a con- stitutional difficulty arises. The conv .stitution provides that a Circuit Judge must be voted for by a majority of the qualified voters of his circuit
 Judge Paul Speake was the new judge of the temporary Sixteenth Judi cial Circuit and Judge. Webb Speake was the judge of the cid Eighth Judi cial Circuit. If the two circuits are thrown together either a new nomi nation will have to be made or the Governor will have to appoint the Judge and the Solicitor.
 4 The same condition exists in the Ninth and the Seventeenth Circuits. The Seventeenth Circuit. so called by the defunct Lusk act. Is composed of the counties of Marshall, Jackson, De- Kalb and Cherokee. Hon. w. w. Har- alson was nominated for judge and Eon.. R. H. Hunt was nominated for solicitor in this circuit in the April primaries They have not taken their seats yet because the act specially says that the officials shall not take their offices until after the general election in November.
 The Ninth Circuit Is composed of the counties of Etowah, BLount and St. Clair J. A. Bilbro Is the present Judge and is the nominee for Judge, and J. ". Inzer Is the nominee for Solicitor. The counties which were formed into the Seventeenth Circuit were taken from the Ninth Circuit. The bill. moreover. CTk H.. h cult. Under the decision of the Supreme Court the old Ninth Circuit reverts to It's old form, and the circuit will have two nominees for Judge and two nomi- nees for Solicitor.
 Two Ways Out of Trouble.
 In speaking of the difficulties of the situation. a prominent lawyer said last night:
 There are two ways in which the situation as to the officials may be re- lieved. The Governor may appoint Judges and Solicitors in the confused circuits, or the party authorities may call for new nominations. One of the two courses should be pursued. hard iy think that an extra session of tho Legislature should be called. Even if an extra session should be called. there would De barely enough time for the constitutional notice of the session to be given and for the necessary prelim- inaries before the November election. An extra election as well as an extra session would have to be called"
 The old Eighth and Ninth Circuits, as shown, are the circuits which are vital ly interested by the decision of yester4 day. The Fourteenth and Fifteenth Judicial Circuits will stand for awhile, at any rate! and new attack on their constitutionality will be necessary. There is no room for doubt, however. that this attack will be made at the legal time,
 Knotty questions may come up at any time as after effects of the Su- preme Courts decision.
 No advices- have been sent to Judge Speake of Huntsville or Solicitor Pettus. who is prosecuting the alleged iynchers: It was said that the court at Huntsville was presumed to take judicial knowI- edge of the decision of the Supreme Court
 Governor Cunningham will return to Montgomery Monday morning. It Is expected that he will take steps imme- diately to continue a court at Hunts vile.