The Birmingham age-herald., 1906-02-18
.CHIEF JUSTICESHIP
 IS MUCH DISCUSSED
Lawyers All Over the State Are
 Interested
ABOUT TENURE OF OFFICE
What Constitution ProVides-Tyson, Weakley and Others Candidates for Vacancy Caused By Death of
 Chief Justice Mcclellan.

The recent death of Chief Justice Thomas N. Mcclellan of the State su- preme Court, has drawn the attention of the voters and the public generally to the fact that at the State convention for the nomination of justices, candidates will be named for chief justice and for two associate justices.
 The tenure of office of Associate Jus tiees John R. Tyson and James R. Dow dell will expire in January next, and their successors must be elected at the next general election Tn this State. The nom nations will be made at the convention provided for by the Democratic executive committee, and not by primaries.
 A successor to Chief Justice Mcclellan will also be nominated at the convention, and elected in November. The chief jus tiee will enter upon his duties in January. Should an appointment be made by Gov ernor Jelks to fill the vacancy now exist ing. the appointee would hold office only until January when his legally elected successor would take charge.
 Lawyers Interested.
 Lawyers all over the State are evincing unusual interest in the Supreme Court end of the elections. There was general discussion yesterday in and around the
  entire matter was threshed over. The situation was admitted to be somewhat peculiar, but without any entanglements that might cloud the method of selecting justices when vacancies occur.
 The new constitution provided for a chief justice and six associate justices. 1t provided that the six associates should be elected in the same manner as the chief justice, but it was further provided nat ef.y gl,o draxx 1ntc In determine the tenure of office. Two of the six were to remain in office two years. two were to hold over for four years and the remaining two were to serve six years, the full term. Associate Justices Tyson and Dowdell chose the two short est terms, and their terms will expire with the close of the present year.
 The death of the chief justice makes third vacancy to be filled. Justice Ty- son is candidate for the present chief iustlceship, as is also Samuel D. Weakley of Birmingham and others. It was whispered around the court house yester- day that Justice Tyson will be candi- date for chief justice at the general cleo ton, whether or not he obtains the ap- pointment to fill the present vacancy
 Second In Seniority.
 Judge tyson is second in seniority in the supreme court to Associate Justice Haralson, of whom it has been rumored for several days that he would not seek the office again after the expiration of his present term. Justice Haralson still has two years to serve, having selected four year term when he was first placed on the supreme bench. It Is said that 1t was on this account almost as much as on any other that Justice Ty- son decided to enter the race for the chief iustieeship to succeed Chief Justice Mcclellan, whose term has still four years to run.
 Chancellor William H. Simpson of De- catur in the northern chancery district, has been mentioned as a probable candi- date for the supreme court in the com ing election. Nothing positive has yet been announced by him on the matter, but his friends are of the belief that he will soon make statement
 Chancellor Simpson is a graduate of the law department of the State University in the class of 1S79 He was appointed judge of the city court of Decatur by Gov. Seay in 1889, and in 1892 was elected to that office for term of six years. In 1895 the Legislature abolished the city court of Decatur, and established the northern chancery division. whereupon Chancellor Simpson was appointed to the new position by Governor Oates. He was elected to the office In 1898 for term of six years, and in 1904 was reelected his present term expiring in 1910.
 The chancellor is believed by many to have good prospects of obtaining the nomination, because of the fact that the death of Chief Justice Mcclellan removed from the Supreme Court the representa- tive of that section of Alabama in which he lived, and in which Chancellor Simp- son resides. Chancellor Simpson is widely known throughout the State. and he was mentioned informally as a probable can didate when the campaign was opened which resulted in the election of the pres ent members of the court. He did not take part in the campaign at that time,