The Birmingham age-herald., 1905-02-18
TWIN COURT HOUSES
 DECLARED INVALID
Convention Had No Right to
 Take Such Action
BIG EXPENSE ON FELL Cl1Y
Legislature Is only Body Which Has Right to Give Any County Two Court Houses-other
 Court Decisions.

Montgomery, February 17.-(Special)- By decision of the supreme court this morning the twin court house system of Shelby and St. Clair counties have been declared invalid, though established by the constitutional convention. It was held that the convention had no right to go outside of the expressed duty of re- vsing the constitution of 1875, and legis- late new court houses in counties, nor had 1t the right to do anything that was not submitted back to the people. Chief Justice Mcclellan and Associates Simp- son, Anderson, Denson and Haralson agreed, with Tyson and Dowdell dissent ing.
 The history of the establishment of these court houses has been an interesting one. They were taken up and acted upon by the constitutional convention direct, one being authorized for Shelby county at Calcis, and the other at Pell City. in St. Clair county. The authorizing action was contained in ordinances to the new constitution and were not submitted to the people, as was the whole measure. and as had been Stipulated in the call for the convention. At the time of pas sage there was much talk about them, and many good lawyers agreed that they would be perfectly legal if so passed Others, however, did not think so, and they have been vindicated by the highest court of the state.
 Much Money Spent.
 Nothing had been done toward building talo ofl,o ta t,Ia terial upon the ground and prepare for erecting the buildings needed After this point had been reached there was an in- junction secured which has hung fire ever since, ending with the victory for those who did not want the county seat divided. At Pell City, however. court house has been built and a jail, and everything Is in shape for holding the courts which have been held on several occasions. This will be lost unless the legislature at it's next session decides to allow the county to vote on the question and the voters agree to the plan.
 As a matter of fact the failure of the ordinance of establishment will invall- date a.. tho lv' al laws go@ernng the ma chlnery of ne courts purported to have Teen established. The supreme court notes that while 1t IS true that considerable eX- pt nse has be en incur 'etl, the legislature $ Aiif Oll9 FedS HdNiHE lHe Ii6ni lb blNt any oounty two court houses and then only after C, implying with constitutional provisions. Quoting from the opinion, written by Justice Anderson Consider ations of need and expediency should not and will not deter tho codrts of the land from annulling an ordinance that Is so lllegs; and unwarranted and the uphold ing of which would establish a precedent revolutionary in it's character and which would be menace to coming generations in the enjoyment of rights granted by the constitution"
 Court Adjourns.
 The supreme court adjourned today un- til April 3, at which time 1t will take up the summer call of the docket, commence ing with the first, or Mobile division There are one or two important cases that did not come out. among them the right of the city and state to put tax on trading stamp concerns so high that It amounts to prohibition. The full list of decisions handed down today was as follows;
 Mcclellan. C. J.-Dampskibsaktiesel bet Habil ct al. vs. United States Fidelity ard Guaranty company, appeal from Mo- bile chancery court; reversed and rem dered.
 George New ct al vs. William Young appeal from Mobile chancery court; re- yerseo and remanded
 Haralson. J.--Kansas City, Memphis and Birmingham Railroad company vs. J. M Butler, appeal from Birmingham city court: affirmed.
 R. H. Crew ct al. vs. Zella L. Heard appeal from Clay circuit court affirmed.
 Louisville and Nashville Railroad com pany vs. Charles F. Pearce, appeal from Mobile circuit court; reversed and re- Inanced.
 Central of Georgia Railway company vs. $. P. Rainer, appeal from Bullock cir cult court; affirmed.
 M H. Taylor vs. Louisville and Nash vile Railroad company, appeal from Ma rcnRo circuit court; reversed and re- marded
 Hqllcy Milan ct al. vs. M B. aBiley ct al aIptal from Tallapoosa chancery court. affirmed.
 American lee and Industries company vs A. F. rane, appeal from Jefferson chanc.ry oobrt; affirmed
 y L. Edwards ct al. vs. s. M. Stew art appeal from Coffee chancery court; reversed and remanded.
 Southern Railway company vs. J. M. Leayy, appeal from Mobile circuit court reversed and remanded
 Tyson, J-Southern Industrial institute | vs F. o. Heller. appeal from Talapoosa circuit court; affirmed.
 Rufus Bardin ct al vs. the state of Alabama, appeal from Covington circuit court; reversed and remanded.
 c. H. Spencer vs. Bessemer water Works company, appeal from Bessemer city court affirmed.
 Dowdell, J.--R. M. Johnson, ct al Vs. Mayor and City Council of Ensley appeal from Birmingham city court; affirmed
 Bud Russell ys. the State of Alabama appeal from Coffee county court; af- firmed.
 simpson, J.-R. c. Chambers. admins trator ys. Milner Coal and Railway com pany; apeal from Jefferson circuit court; affirmed.
 Anderson J.--Dick Fleming vs. the State of Alabama, appeal from Gadsden city court; affirmed.
 Highland Park Improvement company vs. Montgomery Street Railway appeal from Montgomery chancery court; af- firmed. Tyson J., dissenting.
 James T. Barnwell vs. the State or Ala bama. appeal from Cleburne circuit court affirmed. -
 Ex parte Birmingham and Atlantic