The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-04-12
Jefferson County Bar Associa-
ton Takes Action
LETTER TO THE PRESIDENT
The Chief Executive Is Urged to Sign
the Bill Recently Passed BY the
Senate and the
blouse.

embossed the Underwood, or Birmingham
federal court bill. Out of about one hun
bred members of the local bar present
only two votes were cast against it's en-
dorsement.
The bill which was introduced by Con-
gresham Underwood passed by both
houses and is now before the President
for his approval or disapproval, provides
for the sitting of the United States court
for the Northern district of Alabama in
Birmingham six months in the year.
The Northern district is composed of
three divisions. with courts in Birming-
ham, Huntsville and Admission.
The statute does not provide for the
holding of the court in any of these divis-
Ions for any specific length of time and
the Underwood bill, based ON the fact
that sixty-five per cent of the. business
of the district originates in Jefferson
county, seeks to have the court in session
here six months in the year.
Relief Needed.
The friends of the bill insist that the
congested condition OF the dockets OF
the federal court in Birmingham makes
relief of some sort necessary, and that
all former efforts directed TO that end
having failed, the Underwood bill should
receive the Presidents sanction without
hesitation They say that what little OPP
position has developed to the measure IS
based on personal grounds and that these
should not influence the President against
its approval.
The bill does not require the presiding
Judge of this district to remain here the
entire time, but does provide that the
court shall be open six months OF the
year with some judge on the bench.
Bar Meeting Proceedings.
At the meeting of the local bar yester-
day morning Judge A. c. Howe pre-
sided as chairman and L. j. Haley was
made secretary.
Sterling A. Wood asked the chair that
the bill be read for information.
Chairman Howe stated that there was
nc copy present, and asked MIR. Wood TO
state its contents, in which request quite
number joined.
| Mr.. Wood said he feared that many
who had called on him to state the con-
tents of the bill were unaware that his
| views and theirs were opposed and he
suggested that some one favoring the
bill state its provisions. Several re-
| duestod Mr.. Wood to proceed, and he
said that he had read the bill carefully
with Judge Toulmin Of the United States
court and other lawyers and then briefly
gave it's contents. He further stated that
no bar committee had passed upon 1t,
| The only bar committee appointed had
been on the subject of the new judge and
with the death of that bill It's duties
were over.
Turned Situation Over.
Mr.. Wood further said tnat the new
| bill turned the entire situation over to
Judge Jones; that no additional judge
would be sent here until Judge Jones re-
| quested Justice White of the United
| States supreme court to designate one,
and in view of Judge Jones opposition to
| the bill he thought the present system
much more efficient and effective.
| Under the present law, said Mr.. Wood,
| Justice Shelby of the circuit court OF
appeals, who knew our necessities, had
already designated Judge Toulmin to
serve two months at Admission and two
months at Birmingham in each year
which designation would probably fail un-
der the new bill Mr.. Wood further dis
oussed the bill opposing it as not doing
what was claimed for it.
| The bill was discussed by number OF
| prominent attorneys. including Capt
| Frank s. White, John c. Pugh, p. G. Bow
man. James Weatherly, Forney Johnston,
| r. r. Blackburn w. C. Davis of Walker
| county, c. b. Powell, III. K. White, Frank
Deedmeyer and John c. Carmichael AT
| the close of the discussion the following
resolutions were introduced and passed
| with only two votes recorded against
them.
Resolution Passed.
BE it resolved by the bar of Jefferson
| county. Alabama, That we heartily en-
dorse the bill recently passed by Congress
In reference to holding court at Birming-
| ham. Ala. Be it further
| Resolved, That the chairman OF this
| meeting appoint a committee of five with
| instructions to present the views of this
bar to the President of the United States
| and the congressman from this district
| Be 1t further
Resolved. That said committee be in
| structed to call tho Presidents attention
to the fact that the State Bar associa.
lion is not opposed to said bill"
Congressman Underwood was notified by
telegram of the bars action and in pur-
suance of the resolutions Judge A. G.
Howe, chairman, yesterday afternoon
forwarded the following letters to tbs
| President and Mr.. Underwood. respec-
| lively:
To His Excelency Theodore Roosevelt
President of the United States
Sir: At a largely attended meeting oil
the bar of Jefferson county, Alabama the
undersigned were appointed a committee
to ask your favorable action upon the bill
recently passed by Congress having ir
view relief from the congested condition
of the docket of the federal court fol-
the southern division of the Northern Dis
trict of Alabama.
The nessities of the case were fully
made known TO the judiciary committee
of the Senate as well as the House OF
Representatives, and the bin was passed
by the Senate and House and will In .
great measure remedy the situation II
not only has the approval Of the bar OF
this county. but also of other counties IN
the district, and win not initiate against
the interest of any other section of the
state. as they are not suffering from like
| conditions.
We enclose a copy of the resolutions
adopted by the meeting and respectfully
ask that your excellency will approve the
act and thereby give MS the relief so badl,
needed. With great respect, we are, Yours
very truly,
A. c. HOWE.
FRANK S. WHITE.
JOHN c. CARMICHAEL,
l.. j. HALEY.
FORNEY JOHNSTON.