The Montgomery advertiser., 1905-03-03
NEW LAWS
 IRRIGATED Acts of Constitution Mak-
 CTS Are Void. SEVERAL MEASURES FALL Attorneys Point to Decisions of Supreme Court Among Ordinances Not Submitted to the People Were Those Autaorixaag Bond Issue, and successien ts
 osvssners 0Aes.

We'll informed lawyers declared yes- terday that the recent decision of the Supreme Court nullifying an ordinance of the last Constitituonal Convention because the ordinance was not sub mittsd to the people for ratification. had the effect of abrogating some Of the most important acts of the distin- guished body of men which framed Alabama's new organic law.
 Among the ordinances passed by the Convention without submission to the people, and whose validity is ip doubt are the measure authorizing fifty year bonds for refundipg the States debt; providing for succession to the ofice of governor, and third which gives to judges of courts the right to exclude persons from the court room in their discretion. when trials for rape are in progress.
 Application for Rehearing.
 This interesting situation was dis closed yesterday when an application for a re-hearing of the case of ex parte Birmingham and Atlantic Railroad company was filed with General R. F. Ligon. clerk of the Supreme Court.
 In this case the Supreme Court sever al days ago nullified the constitutional ordinance authorizing branch court houses in Peil City. St. Clair County. and Calcis, Shelby County. The appli- John Pelham. of the Seventeenth Judi cial Circuit.
 Hon. John B. weakiey, of Birming- ham, arrived in Montgomery yester- day morning with a voluminous brief in the case. The arguments therein contained are numerous, amending and adding to those put forwarded by the original defenders of the two court. houses.
 No effort isto be made in the rehear- ing to enlarge the scope of the ques- tion. The question will remain the same if the rehearing is granted, as to has the power to pass a valid ordi- nance without referring 1t to the people for ratification.
 The Supreme Court speaking through Justice Anderson decided positively that a Constitution Convention has no such power. Justice Tyson and Dow dell dissented from the opinion. The Court House Ordinance. The Constitutional Convention of 1901 passed the ordinance providing for new courthouses to be built at Counties the people thereof might se- lect by vote. St. Clair County, 1t will be recalled, voted for Pell City and Shelby County for Calcis. At the for mer place a courthouse stands already built and court has been held in It. In Calcis material had been shipped for the construction of a courthouse and jail but the work did not begin on the construction on account of interference of the courts.
 By the decision of the Supreme Court writ was granted the petitioners prohibiting Judge Pelham from holding court in Pell City. The effect of the de- cision has also been to stay the con- struction of the Calcis temple of justice and jail until relief is obtained from the legislature.
 MT. Weakly yesterday made a list of the ordinances passed by the Constitu- ttonal Convention of 1901, which were not submitted to the people for rati- fication It is supposed that they stand nullified by the Supreme Court decis- ion in the Peli City and Calcis case.
 It is probable the legal status of the other ordinances will be investigated by the Attorney General.