The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-12-30
BALDWIN COUNTY
COURT HOUSE
DECISION
Judge Browne Believes it Right
But Vas Forced to Follow
Former Decisions.

Inc MODlIe f1eldtQ IDS Li@ ADlAo"
ing relative TO the final settlement of
The Baldwin county court house fight:
In answer to a question about til
recent decision of the supreme court
Of Alabama relative TO the Baldwin
county court house removal case, Hon.
Samuel b. Browne. judge OF the thir-
teenth judicial circuit, said ne thought
the last decision of the supreme
court correctly interpreted the act OF
removal, passed by the legislature.
Further. he said. he never did believe
the two former opinions of that trlbu-
nal were correct srpr,tations OF
that act. yer he felt bound, under his
oath OF Office. to follow the decisions
of the supreme court no matter now
far wrong ne may nave beliyod them
to be rs an individual
As an evidence, said the judge, OF
his opinion on the two former decl-
sions, which the last expressly re-
verses. prior to his acc ssiOn To the
bench. ne gave Sheriff George Bryant
of Baldwin county a written opinion
in which he asserted that the Bald
win county removal act of the legisla-
ture was constitutional and that said
Sheriff Bryant was bounI TO abide by
it in the absence Of any injunction
issuing out of court or competent
Jurisdiction restraining the county
commissioners, under said act, from
carrying into execution the provisions
thereof.
Judge Browne said he was not az
all disappointed at the last decision
and considered that the action he took
in holding The court al Daphne had
great deal to do with fastening
proven decision from the judges on
the supreme bench. The supreme
court reversed itself. he said, and he
feels that IL obeying the former deci-
siOns he acIeG in accordance with the
conception Of his duties. He still con-
sidsrs that. as the two former deci-
sions was the existing law and that it
was the solemn duty of James NJ
Armstrong. who succeeded Sherif
Bryant as sheriff of Baldwin county,
and Clerk Veltz. to obey his orders
while he vas sitting as a circuit court
at Daphne and any advise given them
to the contrary by their attorneys was
violation of the ethics OF the pro-
fession and had tendency TO bring
the circuit court into disreDute
Bay Minstte View.
To the above the Bay Mineua Times
adds:
If Judge Browne is correctly re-
ported in the above article. his state
ments is, 10 say the least, rather in
consistent with his acts and might
misieai one not knowing the facts
He says that the action he took in
holding court at Daphne had a great
deal so do with Fastening a proper
decision from the judges on the SUI
preme bench
That doesn't sound like good logic
TO us unless perhaps he meant that
his actions IN delaying the transaction
Of business in the circuit court and
his almost successful attempt to en-
force MS personal opinions with an
armed mob. lad a tendency to create
in the mir Of the supreme court a
desire TO render a speedy verdict so
that the innocent citizens Of Baldwin
might obtain relief
As for Judge Brownies statement
concerning Sheriff Armstrong and
Clerk VOitz. the decision of the SUI
preme court IS sufficient vindication
Of the course followed by these two of
1cials. Judge Brownies going to
Daphne and attempting TO hold court
there was mast r Of personal opin-
ion on his part. there was no law or
authority Cor such a move Not only
Gid he fail but it is a fact that ne
could not even bold a De facto court at
Daphne which he could have done al
Bay MineCe
The decision under which he claims
10 have acted was appealed TO a high
er court and the appeal was accepted
before he do act consequently. even
the veriest novice in law knows the
futility Of attempting to carry out
iecreo which at the time was being
held under advis ment by a higher
court
If Sheriff Armstrong and Clerk
Noltz were advised by attorneys in
the course they parsued. events have
proven thar tae advice was good. and
If said attorneys violated the ethics
of the profession. the supreme court
of the state of Alabama has sustain
ed them in the so-callei violation. If
the circuit court has been brought
into disrepute, it was not done by
the attorneys advising these two of
ficials
We appreciate Judge Brownies pos
itiOn in making the above statements
and We want our readers to know the
facts
The judges action in raising an
armed mob and the attempt To call.
out the state militia TO enforce his
orders through the Coroner has plac.
ed a blot upon the fair name of cur
county that will require years to-
efface and then 10 have him come out
in the newspapers with such a state
ment as the above. is a little TOO
much for our equanimity
Attention c. K. Of A.
Mass will he offered for the ranosa