The Montgomery advertiser., 1904-10-02
LAW IS UNCONSTITUTIONAL
Huntsville Court Trying AL legged LyncherS is
 Invalid.
Extra Session of Legislature May Be Called to Remedy an Embarrass- ing Situation = Immediate
 Steps to Be Taken.

The Lu6k JuQlCldl ACL iS uDCOuSIltu- tional. The Supreme Court of Ala bana so declared it yesterday and in doing so it knocked into cooked hats the new circuits which were created by the last Legislature with the ex- ception of the Fourteenth and Fifteenth Judicial Circuits. for whose existence special acts of the Legislature were passed.
 The Fourteenth Circuit, which is composed of the counties of Walker and Winston and the Fifteenth Circuit, which is composed of the counties of Fillmore. Montgomery, Autauga and Chiffon may not. however, endure long, CT than the regular term of the Su- preme Court. which meets in Novem ber. An attack will be made on both circuits and if the Supreme Court iol- lows it's opinion in the Birmingham consolidated court case, well informed lawyers are of the opinion that the existence of both circuits are in immi- nent danger.
 In the meanwhile the Circuit Court which Is being held in Huntsville and which is engaged in trying the alleged lynchers of Horace Naples, is null and void and there is no use for the court to proceed any further. By the same token Judge Paul Speake and Solicitor Erie Pettus no longer have official re- lations with the State of Alabama and they will cease to draw salary from the State. By the same token Hon. Wallace w. Haralson, who was nu-nl- mated for Judge of the Circuit which Is composed of the counties of Jackson. DeKalb and Marshall counties. will not get a public office unless the Legisla- ture Is called together in special ses- sion to do something.
 Extra Legislature or Not.
 The question naturally arises, will the Legislature of Alabama be lalled together in extra session to meet the emergency? It has been declared by eminent attorneys that the decision of the Supreme Court would throw the Judicial system into a state of chaos.
 Governor Cunningham with whom 1t rests to say whether the extra session shall be called together has been quite frank in stating his position. It ia this: The Legislature will not be called together in special session unless it is absolutely necessary. It has not been shown to the Governor yet that an extra session Is necessary. If there is an open way to administer the laws of the State without delay and without embarrassment the Legislature will not be called together. An effort will be made to avoid the extra session by the appointment of temporary special judges in the old circuits which will still remain and which may become congested with business.
 The Governor himself was absent from Montgomery yesterday but the foregoing statement came from his cf- flee and is but a reiteration of his re- peated statements.
 The formal written opinion of the court was not submitted yesterday. The Justices of the Supreme Court in the morning held long conference concerning the case. In the afternoon announcement was made that the court held that the Lus& Judicial Act was unconstitutional.
 Announcement by Court.
 The announcement was made in tho form of a typewritten statement which was handed out by Secretary Leon Me- Cord of the Court. This statement was as follows; ,..o.
 Board of Revenue Of Jenerson County ct al vs Edward Crow.
 "AppeaI from Jefferson Chancery Court, affirmed, the court holding that NhA Journal of the House does not show that the House concurred in the amendment adopted by the Senate. as required by Section 64 of the Constitu- ton. and that, therefore, the plll as signed by the Speaker of the House and President of the Senate, and ap- proved by the Governor, was not con- additionally passed by the two houses. It is understood the Courts opinion in the case will be filed later"
 This brief announcement confirms the contentious made by those who were attacking the constitutionality of the act The legislative history of the I.usk act is now well known. It was passed by the lower House and sent over to the Senate where changes were made in it. These changes were em- bodied in a set of amendments which were sent over to the lower House and which were made the subject of con- ference between the joint committee of both houses
 The amendments were not adopted by the House singly or a whole. but the conference report was put upon its pas sage and adopted by a roll call of the House This action of the House rather the lack of further action on the part of the House, was fatal to the Luck act when 1t was before the Supreme Courft.
 Effect of the Decision.
 What will be the effect of the de- cision of the court on the judicial sys- tenn of the State is the question which naturally arises?
 The question Is not easily answered In a general way it may be said that the old Juuicial systems as they existed before the Lusk act was drawn, will come into being again. The Judicial Circuit will revert to their old condi- tion. This would appear simple enough, but 1t is not as simple as 1t appears. The circuits may resume their old form easily and naturally, but the status of present judges and of present nominees for judge and solicitor In some of the shattered circuits Is unde- termined.
 Take for example the Sixteenth Judi cial Circuit, so called by the Lusk judi cial act. It is composed of the coun- ties of Madison and Limestone. The Sixteenth Judicial Circuit was cut out of the Eighth Judicial Circuit and after it was topped of. there remained the counties of Morgan and Lawrence. It is easy enough for the old Eighth Cir cult to resume its oriRinAj ahana hla4