The Birmingham age-herald., 1905-10-06
ALABAMA IN NEED OF ANOTHER JUDGE Judge Thos. G. Jones Discusses
 the Situation DOCKETS BADLY CROWDED Believes the Only Plan Is for the Ala bama Bar to Unite on Some
 Definite Course of
 Action.

Montgomery, October 5.-(speciaL)-Th Montgomery correspondent of The Age Herald called on Judge Jones this morn ing, and asked him, in view of the inter- est that was taken in Birmingham in get ting another judge to help in the work, if he would not say something for pub lication He was also asked what ne thought of the prospects of getting more Judicial forces in the two districts.
 Judge Jones said he did not care to go into any extended discussion of the sub ject, he had done so fully last July when he addressed the Alabama State Bar as- sociation on the subject, and it adopted the following resolution
 "Whereas The necessity for an addi- tional judge for the Northern and Mlodle districts of Alabama is imperitive as IS clearly demonstrated in the letter oi Judge Thomas G. Jones to the president of this association of 29th ultimo; there fore, be it
 "Resolyed by this association, That we concur in and endorse the statements and suggestions contained in Judge Jones letter, and earnestly request our senators and representatives in Congress to use their best efforts to procure the passage of an act of Congress providing Tor an ao- ditional judge of the district court or the United States for the Northern ana Mio- dle districts of Alabama.
 Resolved. further, That the secretary of the association forward copy of this resolution, together with a copy of the said letter, to each of the senators anu representatives in Congress from Ala bama, for their considerations
 Unite on Plan.
 The judge said he was hopeful of getting a bill through Congress If the bar would unite on some one plan. He felt certain however, that if any serious difference grew up as to a plan that htigants couio get no relief whatever. He said that some of the members of the bar about Blrmlhg- ham were inclined to treat the matter as one which concerned Birmingham alone, in which the litigants and bars in the other two districts were not concerned.
 This is mistaken view, continued the judge "Litigants In the counties com posing the Middle district whose court IS held in Montgomery, and litigants Wnose courts are held in Anniston and Hunts vile. are equally interested. All these nlaces suffer as Birmingham does from an accumulation of business, and from the necessary absence of judge from the places where these courts are held, for about six months In the year. Lltl- eants at each of these places think 1t only fair that they should be put upon an equal footing with Birmingham as to facilities for holding court
 If the bars unite we will get relief, if they differ about plans then 1t will be practically impossible to get any reiie1
 q went over the whole subject in some remarks before the State Bar assoclatlon last July, and gave you copy of them from the official report Of it's proceed ings.
 ..Will there be bar meeting here? Later on there will be, but the mem bers of the bar here feel about the mat ter as I do, and are anxious to cooperate with other bars. They would undoubted- ly antagonize any plan to carve out a special district about Birmingham with . new judge leaving the present judge or the northern and middle district to hold courts at Birmingham, Anniston and Montgomery, and leave them as they now are without judge over half the year. This, so far as I know, is the gen. eral sentiment of the bar throughout the state.'
 His Recent Speech.
 The following is the speech made by Judge Jones before the Bar association noted above:
 q do not deem 1t out of place to say that I have no personal wish to interpose against any practical remedy which may be suggested to relieve the congestion of the dockets fin the two districts My reason for the plan suggested in the let tor WA diattIrh the pNiattnR districts by attempting to create a new district out of parts of them, we disar- range the duties of the clerks, marshals and district attorneys office. Litigants in the northern district are very tired of having to come to Montgomery about six months in the year to get orders in Cham bers.
 'Iitigants in the middle district also object to the necessity of having to go to Birmingham and Huntsville to get orders during six months in the year. The duties of the judge are such that he is absent from each district about one-half of the year. Speaking approximately of the lit- igation at Birmingham. I may say that 1t amounts to 65 per cent of the combined business of both districts.
 Could Not Bear Burden.
 If all this be put upon the new judge for the northern district, it would be g. burden which he could not bear. He can not hold all the courts in Birmingham, Huntsville, Annston and Tuscaloosa and take care of the business as it arises. He would undoubtedly have more than his fair share of the work in the two dis tricts.
 "If it Is sought to remedy this ineuual- ity by some territorial arrangement, then we are confronted with the question of how that territory shall be arranged It would not do to cut the Northern district into parts, leaving part of it to exist as the Northern district. If this were attempted. what disposition would be made of the present judge of the two districts?
 Would it be proper and right to put him entirely out of Birmingham, or give him shoestring district extending from Huntsville and Anniston down to Mont gomery If that were attempted. could the business be fairly divided? I think | not, and I do not favor that mode of at | tempting to adjust the difficulty. Be- | sides that would require change in the l territorial jurisdiction of the clerks mar shals and district attorneys offices, and | the appointment of new officers for the new district and possibly readjustment of salaries This would entail new diffi- culties, perhaps cause the proposition to meet with oppsition in the judiciary committee, and from the department of justice to which such matters are gen. erally referred.
 Difference of Opinion. aWhov, u,a oor,,a to deaipnate the bOun-