The Birmingham age-herald., 1904-10-05
CUNNINGHAM WANTS OPINIONS OF ALL Alderman Jackson Warns Up Montgomery Police HAvENOT DONE THEIR DUTY canltol Offices Are Filled With in- qulrers About the Latest Status
 of the Court situa-
 ton.
nv HERvEY w. LAIRD.

Montgomery, October 4.-tSpecial.)-lt ,s the established purpose of the acting governor of Alabama, Dr. Russell M Cunningham to refrain from calling an extra session of the legislature until ne 's fully convinced that there is no other w to legally straigten out whatever tanele may have followed or may in tu- ture result from the action or the SUI preme court in declaring the LusK Ju- dietary law unconstitutional. lie said as much to the newspaper men who calieo upon him this afternoon. In the meaheiiiie he Is fully informing himself on every iea- ture of the situation and has asked TOT advice on all the legal questions that have already presented or may present tbemse,ves. It Is freely intimated by the governor that as the matter now stanos he sees no actual necessity Of an extra session
 The acting governor mas also begun to thoroughly inform himself on conditions In the circuits affected by the Lusk act He dictated a letter today to the clerks of the circuit courts os all the counties changed or in any way interfered with by the recent supreme court decision with a view of finding out the conoitioh of the dockets and how much there 's to be done beiore the end of the year. , will. after hearing from these, deter mine what he can do in the way or reieiV- ing congestion of the said dockets by the malicious use of the supernumerary Judge and such other help as he may be able to nrovide. He has also made request or Attorney General Massey Wilson for in- formation on several lines, indicated in the letter written and below quoted: Attorney General Questioned.
 Dear sir:-Will you please advise me on the following questions'
 Does the invalidity of the act To amend sections 697 69S, etc. twhfch IS the I.usk bilD deprive any county In the state of Alabama of common law court or a court of equity?
 70 When judge of circuit court calls A special terrs oi court in any coun- ty of his circuit can the supernumerary Judge hold the regular term of the court in another county of that circuitf
 ..3 Can a special judge be appointed to hold court in n county when the CIT cult judge is engaged in holding speciai term of the court In another county ol that circuit?
 A. Is there any authority to provide snecial solicitor to represent the state where th, supernumerary or special judge if lawful. is holding a regular term Of the court and the solicitor of the circuit IS engaged in representing the state Tn the special term called by the circuit Judge
 .5 Can the legislature validate or In any way legalize acts performed by courts provided in the above invalidated actF
 An answer Is requested as early as pos sible. It is learned at the office or the attorney general that the opinions de- sired will likely be submitted tomorrow Jackson Boasts Police.
 Alderman at Large J. Kirk Jackson, who Is also private secretary to his ex- cellency. the governor of Alabama, coV- cred himself with glory at the meeting of the city council last night when ne made an attack upon the chlef or poilee and the men under him, on the aliega- ton that they were not enforcing the laws of the city against gambling and other violations MT. Jackson charged that Chief Adolphus s. Gerald not only failed to make arrests when such should he done. but relegated to himself the power to construe the laws. T am tired of the chief of police construing tht laws" asserted Alderman Jackson, as he stepped to the desk of the clerk ant looked at the other members of the coun ell. "I prefer to let the courts constru them after the police have done thei duty. Why don't the czar of Montgom cry take charge of the mayors office | recommend matters to the council pre- side over ihe council, make the city laws. enforce them and take the record CTS chair and pass judgment on the me- | he has arrcsted?"
 Rented Hall.
 It was also charged by Alderman 1 Jackson that a certain hotel in the cit was rented by outside parties for tn purpose of running gambling rooms il | it, and that the department did not pa. | any attention to this class of gambling 1 Some time ago the departme mt made tw' or three raids on private houses in tn city, looking for the violators of thu | gambling laws. The result was that thu citizens made big row about 1t. Re l ferring to the occasion Mir. Jackson said The energies of the department arc | expended in entering the private house ol 1 a reputable citizen, pecpins through the | blinds, mayhap into lady's bed room | and arresting few young boys playing ten-cent game" Turning to Captain | Taylor of the force. the speaker said: When a negro enters gentleman l home he goes to the pacK ooor anu l knocks. W When white person enters q 1 residence he goes to the ftont door and l presents his card. He does not go peep