The Birmingham age-herald., 1906-02-26
TAYLOR BILL HAS
 MANY OPPONENTS
Has Plan for Federal Courts in
 Alabama
TOO FAVORABLE TO MOBILE
Bar of Middle District Contends That It Would Simply Increase Toul- minis Power and Not Re-
 Ieve Situation.

Montgomery. February 25.-(special.)- The bill of Congressman Wash Fay Tor of the Mobile district seeking to solve the federal judiciary problem In Alabama, will never become law if the bar of the territory embraced in the Middle district can prevent 1t. To reach the point of passage 1t would also be forced to get by all the opposition cap able of being aroused by A. A. Wiley and Henry D. Clayton, members of Con gress from the Second and Third dis tricts, whose constituents are especial ly concerned Its effect would be to make the judge of the Southern district the judge also of the Middle and to provide in case of anything happening to re- move Judge Thomas c. Jones, that said Southern district judge become fixed in this territory, deprivng the Middle dls- trict bar of having a man at Montgom- cry It would increase the power and authority of Judge Harry T. Toulmin Of Mobile, decrease that of Judge Thomas G. Jones of Montgomery and still pro- vide no more help than now exists to handle the large volume of business piling up in the state
 MT. Tayor's Bill.
 Mr. Taylors bill is No 15.09O. intro duced February 19 and sent to the judiciary committee and ordered print ed. It's object is ITO regulate the Juris- diction of United States district judges in the several districts and courts in which they preside in the state of Ala bama.'
 Section 1 provides that the judge of the Southern district shall become the judge of the Middle district, but not to hold court in the Middle so long as the present judge shall hold office and re- side therein.
 Sec. allows the present judge of the Middle and Northern districts to continue as judge of the Northern, though re- siding in the Middle and holding court there.
 Sec 3 provides that the two judges shall agree about the holding of court in the Northern district, and if they can not the senior judge of the Fifth cir cult is to alot the times.
 Sec provides for the expenses of the judges holding court away from home. At present, as the judge of the Northern and Middle districts Judge Jones gets no extra pay for expenses when he goes to the Northern district.
 Bar Is Interested.
 The members of the bar in the Middle district, which includes the congression- al territories of Representatives A. A. Wiley and Henry D. Clayton, are care fully considering and very much inter- ested in the bill introduced by MT. Tay- Tor, concerning the Northern and Middle judicial districts, and are, so far as can be ascertained, violently opposed to it. They do not see what good can come from 1t.
 The supposed reason for the movement In, the Northern district, but the Taylor bill allows him to hold count at Montgom- cry and Judge Toulmin's duties in his own district are not changed This does not give either of them any more time than now in North Alabama. The actual effect of the bill would be to divide the Northern district between Judges Toul- min and Jones, make Judge Toulmin the real judge of the Middle, but allow Judge Jones to hold court there, and retain Judge Toulmin as sole judge of the Southern district. This means that if Jones should die, be promoted or resign Toulmin would become the judge of the Middle district.
 Want Own Man.
 The members of the middle district bar all like Touman and are also fond of Jones, but they do want Toulnnn for judge of the district if Jones should dle or resign. They contend that the failure to get an additional judge Is due to tempor ary causes, and that it will only be two or three years at most when the pressure of business will enable the people of Ala bama to get a third judge As United States judges are appointed for life the lawyers and citizens generally of the mid dle district want Jones left alone, and if a successor has to be appointed in his place, to get man from the district just as the people of Mobile would want a judge from there if Judge Toulmin should die or be promoted.
 It Is not thought here that there is any likelihood of the Taylor bill becoming a law as Congressman Wiley and Clay ton. representing the wishes of their con- stituents would have to fight it.
 Jones' Opinion.
 Judge Thomas G. Jones, now serving the middle and northern districts was seen and asked his opinion of the Taylor measure. He refused to be interviewed further than to say that he could scee no necessity for the bill passing, and was quite sure it would do nothing to relieve the demand in north Alabama. The pro vision as to the middle distrist. he said, was very dstasteful to him. MT. Taylor, who introduced the bill, is warm friend of both Toulmn and Jones and 1t Is thought would not push any measure dis tasteful to either of them.
 The bill outside of it's effect to charge the judge of the middle district, except as to who shall hold court there, does nothing else than divide the northern district, leaving Toulmin alone m the southern district. and provide for ex penses of Judges Jones and Toulmin while away from home and in that district. Under the present law Judge Toulmin gets his expenses when in the northern district.
 Any judge in the judicial circuit may be detailed to go to the northern district to help out. Judge Toulmin has been as- signed already and gives his spare time now to helping Judge Jones. The general opinion seems to he that under present circumstances it is best to allow the present law for holding the courts remain as 1t Is.
 Judge Jones will open court at Tusca- loosa April 15, and at Birmingham on the civil docket, May IT.