The Montgomery advertiser., 1905-11-01

know from correspondence and personal conversations with representatives from the territory concerned, which would pc carving out the new district. that they reflect the wishes of their people and would never consent to 1t. To divide upon such plan, or to attemnt to carry such as we had last year when nearly every member of Congress had a plan of his own, and would simply defeat
 Only two other plans are within our reach and we are compelled to choose between them. If we can get addition al judicial force for the two districts we for them both, or a separate Judge for the Northern District. In studying q remedy for the situation, after much conference and nd corresponaence whrn ~,.tr,cfs sns reached the conclusion that the most feasible, practicable and just plan, Is that of an additional judge for these District. It seems to me that for me to recommend a separate judge for the Northern District alone. would appear seidsh and little. Tn the limits of the required to be held in four places. twice each year. These are Huntsville. An niston. Birmingham and Tuscaloosa. It
 saRs ps'sfn for iG the syssS soS that district alone. Besides. as every practitioner knows. the moment 1t is patched in the Federal Courts. the vol tune of litigation in them will be in- creased nearly fourfold. The number of cases now tried in the Federal Courts that 1t Is impossible to get speedy jus tice. The judge for the Northern Dis trict must have help. The only ques- tSn s whess n Ii shall Ss district shall be compelled to rely upon the hsp-hazard supply. from time to time. of putting different Judges in indTe indss " Were ssSaf eEeaaed for the Northern District alone, and my duties were con- fined to the Middle District. I would have some spare time, and naturally to go there to assist the judge of that district. So far as I am personally con cerned. the only practical enect or the district by statute. and put, me back there by assignment We all know by experience how difficult it is to get judges to go out of their own districts, with which they have no permanent in- terests and responsibilities. It seemed to mo far better for the Northern Dis. triss to have Permapentd adgss in tbs States composing the Fifth Judicial Cir cult, whose duties at home are such that they can be spared for work else. iudses judges in the Various states. and their assignment to duty on the Court of Ap- peals, make constant and pressing de- mands upon all of them. who can be spared for work, outside their own dis tricts. believe Judges Boarn1an and Swayne are the only two judges who are available for assignments, There are constant calls for them elsewhere. Relief from their assignment to hold Courts in Alabama would necessarily be somewhat uncertain. and their regular attendance to help out the Northern District, would be subject to many con- tingencies. 1t seemed to be the consen- sus of opinion of the great number of members of the bar with whom l con- ferred. that the litigant-s - at the various various red the idea of regular additional judge, If we can get one, rather than to depend upon outside aid from time to time by assignment of judges. whose stay with them would be uncertain. and dependent upon contingencies elsewhere do not think 1t fair or just in seeking a remedy for our present evils, which pinch all parts of the two districts alike. to suggest the remedy of a separate judge in the Northern District alone. when the burden of work would be So have to depend, upon such an uncertain supply of judicial force to keep up with the, work. These same considerations led the State Bar
 
 tors and Representatives the creation of an additional judge for both the Northern and Middle Districts. to re- side in the Northern District An is, that under 1t If the Judge of either district be sick. absent or disqualified, the other Judge could act. As 1t is now, If the Judge is absent, or sick; the entails a long and expensive Journey to seek Circuit Judge, and these Judges in general have no authority to hold district courts, and can give no relief in bankruptcy matters, appeals, etc, which press upon the courts. Im- pressed with the hardship Of the ex- istence of such condition upon our peo- pie, I have not taken a vacation since my accession to the bench. have not been absent from the State more than five weeks in nearly five years, and, from attending to business by sickness for a single day. Judges. however. are not exempt from sickness; and we can not hope to escape conditions brought about by the sickness of Judges.
 Some objections have been raised to the plan upon grounds which are far more Imaginary than real. It Is sald confusion might arise from two judges handling the same case. It sufnces 10 say, under the Federal practice, Judge, In making orders in a case which has been before another Judge, never reverses the orders of his prede- pen that more than one judge would deal with a case. as the judge who takes a case generally disposes of it to the end. The plan of having an additional Judge for the same districts has worked with entire satisfaction in New York. Illinois, and. I believe, in Pennsyivania and Minnesota, where different Judges hold the same court. No such inconvenience has been expe- rienced here from having different IudRes to hold the same courts. That very thing occurs whenever Judges Toulmin, Boarman or others hold court In the Northern District. The only difference that could arise between the Judges, if an additional Judge were created for both districts. would be as 1r Ahn aha ra of lahnr hAtWeen the new