The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1905-11-02
BALDWIN COUNTY SEAT
ATTORNEY GENERAL WILSON DIS
CUsSEs LEGAL PHASE.
Doubtful II Supreme Court Will Com
slider the Controversy at the
next sfttinG--Bay Minette
or Dnphnes

Attorney General Massey Wilson ex-
pressed the opinion yesterday that the
Supreme Court of Alabama will hardly
take a part in the Baldwin County
Court House controversy at the APP
preaching November term in the shape
OF appeals from the Circuit Court of
that county.
Since Baldwin County is embraced In
the First Division of the Supreme Court
docket which will be the first to be
called In the hearings beginning No
vember 10. the rumor had spread that
an opportunity might arise for third
ruling of that high body on the fa-
nous question of whether Bay Minette
or Daphne is the county seat. Since
the last decision of the Supreme Court
in this matter was handed down IL has
disposed of a number of appeals from
the Baldwin County Circuit Court and
no judgments were declared invalid on
the convention that the court was an
improper or an illegal one.
OF course. a petition could be filed for
some form of writ that might bring
about a third decision of the Supreme
Court and thus secure n more lucid ex-
position of the tribunals position In the
muddle. No settlement. however, Is ex-
pected to be brought about through the
mere docket of this years appeals.
The Attorney General, In the same in
terview, said positively that II the Su-
preme Court should decide Daphne Is
the county seat OF Baldwin there would
be no hope for all court proceedings
that have been held In Bay Minette
They would instantly be null and void
II had been thought by many who
have not gone into the question thor
oughly that the judgments OF the Bay
Minette court would he valid because
the county was by statute entitled to a
court at the time II was held and that
1t would be looked upon as a de facto
court. The Attorney General does not
believe that there has been any court
at all II the Supreme Court should hold
that Daphne Is the county seat.
The instance of those Walker County
Circuit Court indictments which were
held to be valid in spite of the killing
of the Fourteenth Circuit by the SUI
preme Court is not analogous. accord
ing to the Attorney General There
the proceedings were held In the regu-
lar legal court house at time when
the county was guaranteed the court.
The Judge was construed as de facto
Judge and the court de facto court
The essentials of time and place were
here complied with while they would
be absent in the Bay Minette court pro-
ceedings and the court will have been
DESTROYED IL ii is plainly decided that
that city is not the county scat. The
essential of time was present but the |
place was wanting.
This question was settled without |
doubt by the Supreme Court Of Alabama |
in an opinion OF Judge Coleman" said |
Attorney General Wilson yesterday. 1T |
can be found in the 132nd Alabama. In |
the case of Jackson. ct ais. VS.. State OF |
Alabama. Singularly enough. the case |
was appealed from Baldwin County A |
man named jackson and others were |
convicted by che Circuit Court OF Bald |
win County Of the charge Of assault !