The Montgomery advertiser., 1904-07-22
May Adjourn Today Un- til the December
 Term. STATE TEXTBOOK
 ACT IS UPHELD The Birmingham Consolidated Court Law is Invalid. Glenn Havis and Wright Harbour Are Denied Rehearings and Slayer of Robert H. Seymour Gets New Trial.

The Alabama Supreme Court yester- day handed down eighty-one decisions and acted on twenty-two applications for rehearing. Adjournment was then taken to today which Is expected to De the final session until the opening or the December term
 Many cases of great importance to the State were acted upon, notably the textbook controversy. the Jenerson County Consolidated Court. Glenn Ha- wis and Wright Harbour rehearings and some civil suits of local interest :.
 The understanding that the court would hand down number of opinions yesterday attracted large number of Montgomery and visiting lawyers to the Capitol. and the office of Clerk R. of the afternoon. Outside of local litigation attention ran to the Jener- son County Court bill and the text book case especially. More than one Capitol official took the time to read the opinions in the former entireiy through.
 Text Book Case.
 The text book controversy was ein- bodied in the cause styled A. J. Dickinson vs. J. B. Cunningham. ap- peal from the City Court of Birming. ham. pr. Dickinson is the pastor or the First Baptist Church of Birming, ham, and a patron of the High school of that city. He desired to establish the validity of the text hook law pass ed by the last session of the Legisia- ture. and attacked in the courts that feature which stipulates that books must be secured from the recognlzed State depository and bearing the stamp of the firm as such. He bought DOCKS from the outside and Prof B. Gun, ningham, Principal of the High schoo! refused to allow their use.
 The courts upheld Professor cum ningham in his position and are sus~ tained by the Supreme tribunal the ha nt law and its provisions herein question ed. absolutely valid.
 By reversing and rendering the case of J. H. Wallace vs. the Board Of preme Court declares the Consolidated Court act of Jefferson county uncon- stitutional, and makes several nomi- nations of the April Democratic prima- ry unavailable. Its effect also. is to retain the courts of the county as they
 This act sought to make all the judges subject to one general head, Judge. He was to have six associates. taking the place of one circuit, two criminal, one city. one chancery ana one new judge. Two clerks were to The new judge mentioned is provided In, the Lusk Redistricting bill. allow Ing the county two Circuit Judges:
 In the April primaries Judge Charles "A. II. ion of the City Courts. was nominated for Presiding Judge; Circuit Judge A. A Coleman for First Associate. Charles w Ferguson for Second J. H. Weaver for Third, and J. J. Altman for Chan cellor, or Fourth. The other two are Judges S. E. Greene and Dan Greene. whose terms will not expire in two years. Gillespy and McAdory, City and Circuit Clerks. respectively, were nom mated for the clerks.
 In clearing up the matter leading attorney of Montgomery. offers this so- lution: Leave Senn and Ferguson nominated for the City Court bench as they are and Coleman to the Circuit Give Weaver the new Circuit Judge ship provided for in the Lusk bill. Alt man is nominated for Chancellor. so that settles his case. Let McAdory be renominated for Circuit Clerk as be- fore, and leave the Governor to ap- point the Clerk and Register or the City and Chancery section as oetore'
 New Trial for Bob Scott.
 The killing of Robert H. Seymour in Sumter County some time ago IS brought up again in the decision to give Robert Scott one of the two young men charged with his murder, new trial. The brother of Robert Scott Is now serving a sentence as a result or conviction for this offense. The re- yersal was on a technicality. The law says the judge must draw the jury. In this case the records show that the jury was drawn by the court, wnlcn IS held to be an error. on which the re- yersal is ordered The deceased, Rob ert H. Seymour was the father of Hon. W. H. Seymour of Montgomery. The opinion was by MT. Justice Tyson.
 The effect of the refusal of the court