The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-01-11
Case Heard.

Ease ncafu.
The case was heard in the Bessemer
court less than three weeks ago. Imme
diately afterwards an appeal was taken
to the supreme court, which resulted in
Justice Simpson writing an opinion hold
ing that the act establishing the Bes-
semer inferior court was unconstitu-
tional, inasmuch as the act which was
a local one, was not sufficiently adver-
tised. Chief Justice Mcclellan and JUS
tice Tyson concurred in the opinion of
Justice Simpson.
Without going into the various points
raised by the pleadings the supreme
court holds that it is evident that the
act of the legislature local act of 1903,
page 1922, being entitled, An act to es-
tablish in Precinct 80. in Jefferson coun-
ty, in lieu OF all justices of the peace in
said precincts, to be known as the in
ferior court of Bessemer etc, approved
October l, 1903 Is void by reason of a fall
ure to comply with the provisions of the
constitution, article 4, section 1906 1t is
also held further that the law Is in
valid in the light of article A. section 10,
of the constitution, In that the substance
of the law was not given to the public.
A very important part was the abolish
ing of the offices of justice of the peace,
which was not stated.
The Judgment of the lower court is
reversed and a judgment rendered, tax
ing w. F. Porter with the costs. The
opinion was written by Justice Simpson,
Chief Justice Mcclellan and associates.
Tyson and Anderson concurring.
Situation Complicated.
The decision of the supreme court will
inferior court situation more complex.
Last year Mr.. Tillman instituted quo
warranto proceedings against Judge
Jackson, who was then judge of the in
ferior court In the Birmingham city
court, questioning his right to act as
inferior judge The lower court held
that the court was unconstitutional. This
case was appealed to the supreme court,
where 1t is now pending.
At the last general election Mr.. Tillman
received several votes for the office of
justice of the peace of the Bessemer beat.
The board of county canvassers refused
TO certify to tie election OF Mr.. I1llman
and Mr.. Williams of Birmingham, who
also received votes for justice of the
peace. Judge Charles II. Sem of the
Birmingham city court held, however,
that the board of canvassers would have
to certify to Mr.. Williams election. Mr..
Tillman's case being similar, it naturally
follows that the board will also have to
certify to his election.
Justice of Peace Commission.
Mr.. Tfllman was seen last night and
stated that he would make an effort to
secure his commission as Justice of the
peace and would, If successful, enter at
once upon the duties of the office.
AS the act establishing the inferior
court of Bessemer has been declared un-
constitutional the old law which provid-
ed for Justices of the peace courts will
be in vogue, the inferior court going out
of existence.
Proceedings are now pending testing the
constitutionalty of the two Birmingham
inferior courts and the Ensley inferior
court. The decisions in these cases are
expected in the next day or two. The
Woodlawn inferior court is the only court
where the question of validity has not
yet been raised