The Montgomery advertiser., 1905-02-18
CONSTITUTION-MAKE WENT BEYOND
 THEIR POWER SAYS SUPREME COURT

ordinance that is so illegal and un- warranted and the upholding of which would establish a precedent revolu- tionary in character, which would be menace to coming generations in the enjoyment of rights guaranteed under republican form of government"
 Justice Anderson holds, just as Cooley and Jameson have already set down, that there are limits on the powers of constitutional conventions. It is a fallacy and unwholesome, he says. to argue that a convention Is the people themselves compressed into single body and that It's will Is the will of all the people fin the State. The constitutional convention of 1901 was called to perform certain limited assignments. The people said to their delegates. go and amend and revise" the constitution. The body of dele- gates owned the sovereignty to do only what the people voted for them to do. It would approach revolution to do anything and not offer it to the people for ratification. It was the peo- pie who transmitted their sovereignty to the convention for certain purposes and in the same manner that body should have rendered account unto the people.
 It is true, reasons Justice Ander- son, that in Alabama and other States there have been performances of con- stitutional conventions which stood for years and were never ratified by the people. But so far as Alabama is com cerned such events happened in periods of unrest either upon the threshold of war or following 1t.
 For instance, by the constitutional convention of 1865 an ordinance was passed legalizing the marriage of form CT slaves. It was upheld because the war between the States had just end ed, the Government was precarious and President Johnson had issued proclamation for the convention in members of the old Confederacy.
 In times of tranquility and peace, when the balance of all the depart ms1ts of government is sustained, the Supreme Court holds that every act of 8 constitutional convention must be ratified by the people.
 Act of Legislature Void.
 The decision of the court yesterday also declared void the act of the Leg islature of 1903 which attempted to enact into law the constitutional ordi- nance anent Shelby and St. Clair Counties. This was a local act and was repugnant to Section 106 of the Constitution. providing that notice of the intention to apply for the law was not gwen 10 the people.
 The Birmingham and Atlanta Rail- road Company has, therefore, fully succeeded in removing the complaint which had been filed against 1t in the Southern judicial division of St. Clair County at Pell City. The writ prohib- iting Hon. John Pelham, Judge of the Seventh Judicial Circuit, from holding court at Pell City, was granted The court house and jail at that place must lie idle until the Legislature remedies the situstion.
 Likewise. the court house and jail which was about to be built at Calcis. Shelby County, are a dream only until relief is obtained from the Legislature. Some material for these buildings had been bought by contractors and shipped to Calcis in 1902, but 1t has had to remain there unused because the Court of County Commissioners re- fused to issue the $10,000 of bonds upon advice of counsel.
 B. A Turner and others tried to se- cure a uandamus writ from the Shelby Circuit Court compelling the commis- sioners to proceed with the work. This was denied and an appeal was taken. The appeal was yesterday af- frmed.
 The only Circuit Court that will be held henceforth in St. Clair and Shelby Counties, respectively. will be at Ash vile and Columbiana.