The Montgomery advertiser., 1904-10-05
CONDITION OF
 THE COURTS
 --e- Governor Cunningham Is Making Inquiry. TO sTRAIGHTEN TANGLE Still Considering Calling Legislative Session. Attorney General is Asked for Advice and Circuit clerks Requested to
 Report Condition of

Governor Cunningham, with all the forces and opportunities of the Cover nor's office at his command, is indus triously engaged in inquiring into the condition of the various Circuit Courts of the State and the probability of their congesting with too much busi- ness.
 He addressed yesterday to Attorney General Wilson letter in which he asked for a clear definition of the powers of the Governor in the appoint ments of special Judges and Solicitors for Circuit Courts which might not be otherwise operated. He is having made a comparison in tabulated form of the number of weeks which each Circuit Court Judge will hold court du- ring the year, with the return of the State to the judicial system that ex- isted before the Lusk act appeared on the horizon. He has, moreover, writ ten a letter to the Circuit Clerk of ev- cry County which was affected by the Lusix act and by the decision of the Supreme Court declaring the act in valid. directing the clerks to send to him the number of cases on the docket of his court.
 These are efforts on the part of the Governor to secure definite reliable in- formation as to the necessity for an extra session of the Legislature. He is endeavoring to ascertain if an extra session is absolutely necessary. Unless 1t is no call for it will be issued.
 Inquiry of Governor.
 Tn his letter to the Attorney General the Governor asks If 1t is possible for the Legislature, should it be called to- gether, to pass any law which would validate the actions of the Circuit Courts which were thrown out by the Supreme Court in deciding the consti- nationality of the Lusk act. It Is nod thought that the Legislature can pass Q retroactive law invalidating the acts of the courts, but the Attorney General will settle the question so far as the Governors ofice is concerned with an opinion. If the Attorney General should hold that the Legislature, under any circumstances, could pass an act which would make good the acts of the tnvalidated courts it would be one reason and a fairly good one why the Legislature should be called together. :.
 Other pertinent questions bearing upon this matter is contained in the letter which the Governor yesterday sent to the Attorney General. This letter was as follows:
 Montgomery, Oct. f. 1904. Hon. Massey Wilson, Attorney Gen
 eEdls @FHe-- -
 "Dear Sfr-wYEi you please advise me upon the following questions:
 "1. Does the invaiidity of the Act To amend Sections 897. s9S. 906, sos. ell, 912,, 91s, 914. 915, 916, BIT, of Arti- cle 1, Chapter 19. of the Code of Ala bama,' deprive any County in the State of Alabama of common law court or of court of equity?
 "2. When a Judge of Circuit Court calls special term of court in any County of his Circuit, can the Super numerary Judge hold the regular term of the court in another County of that Circuit.
 "s. Can a special Judge be appoint ed to hold court in a Counky when the Circuit Judge is engaged in holding a special term of the court in another County of that Circuit7
 a. Is there any authority to pro- vide a special Solicitor to represent the State where the Supernumerary Judge or special Judge. If lawful, is holding