The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-01-11
FIFTEENTH CIRCUIT
UNCONSTITUTIONAL
Supreme Court Passes on Inn
portant Case
BESSEMER CASE RENDERED
Large Number of Important Decisions
Handed Down BY the Supreme
court-Scott Chestnut
Loses Case.
BESSEMER CASE RENDERED

Montgomery, January 1O.-(Special)-
The supreme court of Alabama today
held that the laws establishing the four
teenth and fifteenth judicial circuits were
unconstitutionally passed and are, there
fore, invalid. This puts the two subdivi-
sions out OF business and returns them
to judicial conditions existing prior to
| their passage. From the fourteenth the
counties of Walker and Winston go back
| to the tenth, with Jefferson, and the
| Walker County law and equity court
seems to have been re-established. While
there was a bill passed repeating the
Walker county court, the advertisement
did not contain the substance Of it, and
according to a recent decision on the
county court of Clay county, will not
| hold. If this idea is good the circuit
court of the tenth circuit will remain as
| it was, while Judge Peyton Norvell of
the Walker county court will resume
| the functions of his office estopped by
| the passage of the now outlawed four
tenth circuit bill. e. w. Coleman, solic-
itor having died. it will be necessary
for the Governor to appoint to that office.
In the Fifteenth.
In the fifteenth circuit there will be
but little confusion, though there may be
necessity for appointing Judge S. l..
Brewer Judge of the fifth, to which Au-
| tauga, Chiffon and Elmore counties will
be sent back, on the ground that as the
| fifth stood before the decision of today
n majority of the citizens did not vote
| tenth, Montgomery, goes back to the
second. There were no votes cast for
| Judge Brewer or Judge Richardson of
| the second in the recent race, which
| makes the necessity for appointment.
There were votes for Judge A. A. Cole
man of the tenth cast in the two coun-
ties In the outlawed fourteenth, which
would seem to make his case stronger
| than the others.
| 1t Is quite certain that the acts of the
| outlawed courts are Illegal and that in
| dictments secured under them are uneon-
| stitutional and void A remarkable thing
| about the decision on these two circuits
| IS that three of the members of the SUI
preme court, Dowdell, benson and Tyson,
dissented, holding that the laws were
| good.
Chestnut Loses Out.
In the habeas corpus case of Scott
| Chestnut of Birmingham. who tried to
| avoid going back to Atlanta for trial on
charges of gambling and running a
gambling practice Chestnut loses and tho
| decision of the lower court to allow him
returned to Atlanta authorities Is sus-
| tanned.
The decision of Chancellor Parks allow
| ing bail to Dan Sailing in the sum of
| $1,000 was upheld. Stallings killed his
| brother-in-law Radford Buckhaults, at
| Greenville, some weeks ago and was him
| self badly shot. This will allow Stallings
| who has been in bed helpless from his
wounds, for some time, to regain his
| liberty stallings is a brother of former
| Congressman Jesse Stallirlys.
Succession in Office.
The supreme court also handed a de-
cision in the case of S. P. Prowell VS.. the
| state, from the circuit court Of Marengo
| County, in which the opinion of the At
| torney General in the matter of sue
| cession In office in the counties Is sus-
| tained. A. L. Hasty was elected Probate
Judge of the county in November. 1t
was claimed that the law states that the
new man is to go in November % next
after election which comes a year after
the election. The new constitution made
| the time Of election Tuesday after the
first Monday in November, THIS year on
the Sth, but the old law said the success
sion should come on November 3, the
legislature failing to change this to meet
the new law. The Attorney General held,
however that the law contemplated that
the new man should go in at once and
he is sustained by the high court. The
lower court said Prowell's time was out
and he should get out; this opinion Is
sustained.
List of Decisions.
The following is a full list Of the de-
cisions handed down yesterday:
Mcclellan, C. berry Lumber com
pany vs. Minnie Garner, ct al, appeal
from Coffee chancery court, affirmed.
Central of Georgia Railway company
VS.. Dan Brister. appeal from Bullock cir
cult court, reversed and remanded.
Scott Chestnut VS.. A. Gerald as chief