The Birmingham age-herald., 1904-07-22
ESSENCE OF BILL SHOULD
 HAVE BEEN PUBLISHED
Rehearlng Is Denied By the Court In Glen Havis Case-New Text Book Law Is Held to Be Con-
 sttutional.
BY HERvEY W. LAIRD.

Montgomery July 21.-(Special)-Ihe bill creating the consolidated court or Jefferson county is unconstitutional. The Alabama supreme court so decided today in an opinion handed down by Associate Justice Haralson The effect will be to place the courts of the county as they were before the passage of the bill' and to render unavailable some of the nom- nations made at the April democratic primaries.
 The point on which the decision was rendered was that of insufficient notice at the time of the passage of the bill, the lack of such notice depriving the peo- pie of full knowledge of what was intend- ed to be done in the matter. It was Tn violation of section 1o6 of the constitution of the state, which is as follows:
 Notice Must Be Given.
 No special private or local law shall be passed on any subject not enumerated In section 104 of this constitution. except In reference to fixing the time of holding courts. unless notice of the intetion to apply therefor shall have been published. without cost to the state, in the county or counties where the matter or thing to be affected may be situated which notice shall state the substance of the proposed law and published a least once week for four consecutive weeks in some news paper published in such county or coun- ties, or if there is no newspaper publish ed therein. then by posting the said mo- tice for four consecutive weeks at live different places in the county or counties
 z |, i. md proof by au4davit that said notice has been given shall be exhibited to each house of the legislature, and said proof spread upon the journal The courts shall pronounce void every special, private or local law which the journals do not af- firmatively show was passed in accor- dance with the provisions of this section"
 Conclusions of the Court.
 The following exeerps from the decis- ion rendered will give a clear idea of the position of the court: ''While we would not hold that the bill Itself should have been published in the notice. we are clear that it's essential and material parts it's essence, or an ab- stract or compendium of it's substance. such as would give the people fair inti- nation of what 1t was should have been published as required by said section.
 Said section provides that the courts shall pronounce void every special, pri- vate or local law which the journals (of house and senate) do not affirmatively show, was passed in accordance with the provisions of the section This provision must be abrogated and set aside, if the courts are not required to determine the question whether said act was passed in accordance with the provisions of said section'
 The conclusion of the court is summed up as follows
 ''It thus appears that the act was local. and no sufficient notice of the intention to apply for the passage was given and pub lshed and proof thereof exhibited to each house of the legislature and spread upon the journals was required by said sec ton 106 of the constitution-it is unnec- essary to consider other questions raised against the constitutionality of such act. The decree will be rendered and one will be here rendered overruling the demurrer to the bill"
 Way Gu. of Trouble.
 A leading lawyer of the capital today who is also well posted on everything con- nected with the case and familiar with not only the bill in question: but the old organization of the courts, is of the opinion that the decision places condi- tions back as they were before the meas ure was passed with the exception that the Lusk redistricting bill provides for two circuit judges in Jefferson county, which will make 1t possible for every nominee in the recent primaries to be cared for. There will also be some rear engagements necessary regarding the clerk ships, but there Is no reason why they should not be so fixed as to put no man chosen for the offices out of what the people intended for him
 By returning to the old conditions Judge C. A Senn and Judge Charles W. Fergu- son will be taken care of in their posi- tions as judges of the city court Col. J. J. Altman nominated for chancellor will not be interfered with as his district em- braces other counties. By the provisions of the Lusk redistricting bill Nominee for Third Associate Judge Weaver may be given circuit judgeship with Judge Cole man If the voters so desire Judges s E. Greene and Daniel A. Green will retain their places as criminal court judges
 As to the clerkships there win be one or two changes necessary. Walter K Me Adorvi may have to be renominated for the old place of clerk of the circuit court and very likely the governor will appoint pr I s. Gillespie clerk and register of the city court--that being the old plan jnasmuch as he has been nominated for the place. The register in chancery will also have to be appointed in the old way.
 The solicitors will not be affected.
 other decisions important to Birminz- ham were as follows;
 Appeal in Glen Havis case dismissed. This means that he will have to begin at o,co to serve his sentence of twelve and half years for the killing of Elias M. Lathem.
 Appeal of A. J. Dickinson in the noted texf hook case turned down. affirming the validity of the state text book law.
 The following is a full list of the de- cis,ons handed down by the supreme court today.
 Contract Law Unconstitutional
 Tn thd case of Columbus Toney. from Russell bounty. decided by tha supreme ->---------------
 {cbntinued on Third P