The Montgomery advertiser., 1905-01-11
JUDICIAL CYCLONE SWEEPS AWAY TWO CIRCUITS
 LEAVING JUDGES AND SOLICITORS OUT OF OFFICE
SHELBY COURT HOUSE
CONTROvERSY AGAIN UP TO
 SUPREME COURT.
Require County Commissioners to Resume Work on Public
 Buildings.

Will contractors renew the construc- tion of the Shelby County court house and jail at Calcis?
 This Is a question that was argued at length before the Supreme Court of Alabama yesterday. It will be argued again this morning when a final sub mission will be made.
 The question confronts the court in the shape of an appeal from the Shelby County Circuit Court which denied a writ of mandamus to be issued to the Court of County Commissioners of that county compelling them to go ahead with the erection of the court house and jail at Calcis.
 The Constitutional Convention of 1901 passed an ordinance providing that within sixty days after the ratification of the constitution. the Shelby Court of County Commissioners should order an election by the people on the location of new court house and jail. They otherwise provide funds for this pur- pose to an amount not exceeding $10,- 900.
 By the ordinance, also, the court house and jail were to be confined to any suitable point on the Central of Georgia Railway north of what is known as Backbone Mountain.
 On January 27 1902 the election was held, having been duly ordered by the Court of County Commissioners. Calcis was CnOSen Dy the vote or the peOple. The property owners and other citizens of Calcis, however. encountered their first opposition in getting the Probate Judge of Shelby County ot declare the result of the election. A mandamus writ brought out the declared result of the election.
 Everything then went on smoothly. The County Commissioners let the con- tracts for court house and jail and material was shipped to Calcis The construction had begun when. upon ad- vice of counsel, the Commissioners caused a cessation of work by refus- ing to issue the necessary bonds. In this shape the court house and jail stands today.
 The s.,lwarts of Calcis again united for the fight and petitioned for a writ of mandamus to be issued. directing the Commissioners to make the bond issue for the erection of the public buildings. The Circuit Court denied the writ and from the decision an ap- peal was taken to the Supreme Court Calcis, represented by Hon. Cecil Browne and F. H. Dryer, of Talladega. Is, that the Constitutional Convention did not have sthe prerogative to pass an ordinance authorizing what 1t did in Shelby County without referring 1t back to the people for ratification. It is. claimed that this prerogatiye be- longs to the Legislature of the State.
 The validity of the election in Shelby County Is also attacked on the ground that it was held after the expiration of sixty days from the ratification of the Constitution. the limit fixed by the Constitutional Convention.
 It will be recalled that the people of St. Clair County, under the same constitutional ordinance, elected Pell City as the county seat and the Coun- ty Commissioners built a court house and jail there. Circuit Court has been held at Pen City. but a case involving it's existence will soon be in the hands of the Supreme Court.
 Colonel T. L. Bulger and ]. w. Strother of DadeviIle are counsel for the Calcis people in the Shelby County case now pending.