The Montgomery advertiser., 1905-01-11
Montgomery Goes Back
 to the Old
 Second. JUDGES I. s. SAYRE
 AND s. LACY LOSE OUT Decision of Supreme Court May Affect Inferior
 Tribunals. 1t Is Held That in Passing the Acts Which Were Local LegislatiOn Failed to Give Proper COn- stituti0nal Notice.

Supreme Court of Alabama yesterday morning and as a result the Fifteenth and Fourteenth Circuits are corpses The ceremonies for their interment were performed by Justice Jonathan Haralson who announced the fate of the circuits from the bench. The epitaph has not yet been writ ten. Justice Haralson has this as- signment and will hand down an ex- tended opinion later.
 The judicial cyclone cut another swath. The Inferior Court of Bes- semer was also razed
 The same shortcoming of the last Legislature was responsible for these disasters.
 The Fourteenth Judicial Circuit was declared unconstitutional because suf ficient notice of the bill attempting to enact 1t was not given. This notice of four weeks is required by Section 106 of the Constitution.
 Sufficient notice of the passage of the bill to establish the Fifteenth, or Pony circuit. as it was dubbed, of which Montgomery County was part, was not given. Therefore, it fell flat.
 The Inferior Court of Bessemer. rep resenting a consolidation of the justices of the peace in Precinct 33 of Jefferson County, is null and of no more force because the act purporting to establish 1t was not advertised as required by Section 106 of the Constitution.
 All Local Acts.
 These were all local acts in the eye of the Supreme Court Therefore, the notice of advertisement was required of them.
 There were three dissenting members of the Supreme Court in deciding the fate of all this judicial machinery. They were Justices Tyson. Dowdell and Denson. Chief Justice Mcclellan. and Justices Simpson, Haralson and Ander- son concurred
 But what of other courts of law that were established by local acts during the session of the Legislature of 1903? Many leading lawyers of the State who were in Montgomery yesterday express the opinion that the decision of the court knocking out the Bessemer In- ferior Court sounded the death -knell of all it's counterparts.
 The Inferior Court of Birmingham. the Inferior Court of Ensley, the Infe- rior Court of Eufaula. the Inferior Court of Anniston and the Inferior Court of Mobile are all creatures of local laws. The last named court was created prior to the adoption of the new constitution and it may not be af- fected.
 No lawyer will likely read the de- cision of the Supreme Court in the case against the Bessemer Inferior Court and see much salvation for this list. These must fall victims, it ap- pears, to the havoc -wreaking Section highest tribunal of the State has found unsurmountable.
 The results of the unconstitutional- ity of the Fourteenth and Fifteenth Judicial Circuits are automatic The counties composing them drop back to the old regime.
 Montgomery County, which belonged of the Second Circuit. Elmore, Au- tauga and Chiffon Counties, the re- mainder of the defunct Fifteenth Cir cult go back to the Fifth Circuit.
 m xurlaf constituted the Fourteenth Circuit, de- ceased, join Jefferson County to form the Tenth Circuit.
 So, after recounting the disasters of ond Judicial Circuit composed of the following counties, just as if the last Legislature had not met: Butler. Con- ecuh, Escambia, Crenshaw, Lowndes. and Montgomery.
 The Fifth Circuit consists of the following: Autauga, Chambers. Chill ton. Coosa. Fillmore, Macon, Randolph
 The Tenth Circuit consists of the fol- lowing: Jefferson, Walker and Win StoR.
 Two Judges Lose Places.
 By the death of the Fourteenth and Fifteenth Circuits, Judges Sheriff Lacy of Jasper and T. Scott Sayre of Mont gomery, respectively. retire from the bench. They were elected on Novem- dockets recently to test the validity of their offices and avoid much compli- cation contingent upon an unfavorable decision of the Supreme Court
 Robert l.. Blanton of Double Springs and J. M. HolIey of Wetumpka were the Solicitors of the Fourteenth and Fifteenth Circuits, respectively The formed henceforth by Solicitors John Mcqueen of Birmingham, c. R. Brick en of Luverne, and William B. Bowl ing of Lafayette.
 diSplaCamant of Tuaoac and Lacy. their work will fall to Judges J. c. Richardson of Greenvilie and $: l.. Brewer of Tuskegee and A. A. Coleman of Birmingham of the Sec ond, Fifth and Tenth Circuits, respec- lively.
 There is great deal of speculation rife As to whether the decision killing the Fourteenth and Fifteenth Circuits undoes the convictions and judgments Of the courts comprising them. Some say that Judges Sayre and Lacey were de factO officials and their work will be regarded as legal.
 Notwithstanding the prevalence of opinions like this, scores of conVicts in the jails of the various counties involv- Many who are handling shovels and pick-axes in the mines at Slope 10 also see some chance for another delibera- tion over their guilt or innocence.
 Initiated by Attorney General
 The decision putting an end to the Fourteenth and Fifteenth Circuits grew out of the case of the State of Alabama eX. rel Attorney General, versus T. Scott Sayre. The Attorney General had filed infOrmaion in the Supreme Court and asked for writ of prohibi- tion to issue against Judge Sayre of the Montgomery County Circuit Court, ordering him to cease the exercise of the powers of that office.
 The case giving birth to the decision which ended the Bessemer and the other inferior courts was that of w. r. Porter versus s. J. Tillman, apealed from the Bessemer City Court The latter court had ordered $. J. Till 33. Jefferson County. to turn over all his papers to Judge w. F. Porter of the Inferior Court of Bessemer. The Jus tices in that precinct by a special act of the Legislature had been consolidat- ed into the Bessemer Inferior Court Judge Tillman had refused to- deliver his papers to Judge Porter and appeal cd his case to the Supreme Court.
 Court to Hold Regular Term.
 David Johnston, Clerk of the Circuit Court of Montgomery County. said yes torday that he would have lawyers and liigants understand that there Is still Circuit Court in this County which will hold its regular terms as provid- ed by law, and that the Practice Act" for that Court has not been affected by any recent decision of the Supreme Court.
 All parties sued in the Circuit Court must appear and demur or plead within thirty days or judgment by default may be rendered against them on motion of the plaintiff.
 Judge J. C. Richardson will be con- suited in reference to the next call of the docket and he will decide that mat