The Montgomery advertiser., 1905-01-18
THE INFERIOR COURTS
ANNOUNCES POLICY AS
 TO APPOINTMENTS.
Where Creative Acts gre Nuilified by Supreme Court Retiring Judges Will Be Given chance
 to Re Justices.

Acting Governor Cunningham an- nounced his policy yesterday in mak- ing appointments of Justices of the Peace in cases where the inferior courts established in lieu of them have been declared unconstitutional or will be so declared by the Supreme Court or courts of competent Jurisdiction.
 If the judges of the inferior courts that may be abolished desire the of- fees of Justices of the Peace" said the Governor yesterday, "I will appoint them provided they have clear re- cords"
 It will be recalled that last week the Supreme Court of Alabama handed down a decision by which the Inferior Court of Bessemer was abolished and the Justices of the Peace in whose stead the court was established were revived. It is practically certain that the Inferior Court of Birmin gham. the Inferior Court of Ensley and the In- ferior Court of EufauIa will meet the same fate.
 There was quite a contest for three Justices of the Peace at Bessemer and this was ended yesterday when the Governor appointed the third, S. J. Tillman, Justices Burgin and Crump having already been appointed. According to the rule of the Cover HUE ucCIutu upph yCotCiudS' hC -"Ou have appointed Judge Perry as one of these justices. but he had no applica- tion from him. Judge Perry was reg ularly elected to the head of the Bes- semer Court last November. s. J. Tillman is the former Justice of the Peace of Precinct 33. Jefferson County, who has fought for the posi- tion so desperately. He has been a party to two decisions of the Supreme Court affecting his office. Both decis- ions resulted favorably for him and as soon as the Bessemer court was put out of business he pressed his candi- dacy for appointment to Justice of the Peace of Precinct 33.
 l. The Supreme Court yesterday affirm ed the judgment of the Birmingham City Court which. in quo warranto pro- ceedlngs, busted the Judge of the Bes-
 semer Inferior Court. These proceed
 ings were begun by MT Tillman. There appears to be one exception to the rule of the Governor in the ap- pointment of this class of justices. This l is in the case of the Birmingham In- | ferior Court which consists of two di- visions presided over by Judges H. B. Abernathy and I. H. Benners. who were elected to the offices last Novem-
 Der.
 l By the hse of a mandamus writ last year, R. L. Williams, a young lawyer of Birmingham received several votes | last November for Justice of the Peace
 in the beat in which he lived. He in-
 sisted that he was not running in op- position to Judges Benners and Ab-
 ernathy, but believing the Inferior Court unconstitutional he made 1t
 known that he was candidate for a
 Justice of the Peace.
 1 Mir. Williams secured writ of man.
 damus compelling the County Board
 of Supervisors to count the votes he
 received and make q return of them
 to the Election Board.
 He has already attacked the consti- I tutionality of the Birmingham Inferior Court by quo warranto proceedings in
 the City Court of Birmingham. The
 case is now pending.
 The friends of MT. Williams claim
 that he has just title to the office. He
 was declared electeI Justice of the Peace by the Jefferson County Board | of Supervisors. Therefore, it Is in
 sisted that the Governor will have no
 choice in the appointment of one of | the justices. that only one office will
 have to be filled by appointment if the Birmingham Inferior court is rendered null.
 There are three Justices of the Peace
 to be named at Ensley. where until re- gently the Inferior Court stood in lieu
 of them by a special act of the Leg
 Islature.