The Montgomery advertiser., 1906-01-12
THE SUPREME COURT
.yUsTICEs DECLARE FRANK ADAMS,
 NEGRO, MUST DIE.
constitutionality of Act Creating q supernumerary Judge is Up- heId.--Other Cases Decided
 By Court.

The Alabama Supreme Court put out five additional opinions yesterday, py me of which the doom of Frank Adams. of Jefferson County, Is sealed, and by another the act of the Legisia- tura providing for the supernumerary Circuit Judge was upheld.
 Four of the five decisions of yes terday, belong to the criminal class. Even the appeal from the, WaikeF Countv Circuit Court resulting in es- tablishing the validity of the supernu- n1erary iudgeship was a criminal case
 frank Adams will hang March lS' 1906 unless there Is executive Inter ference He is q negro and ne kiliea Dave Lee. another negro, Tn August 1903, in Pratt Mines. Both were con victs and working side by side Tn mine of the Tennessee Coal. Iron and Railroad Company, when they began quarrel Adams cut the coal while Lee loaded it. Without authority Adams cave an order to his laboring compan- ion who took exception. Hot Worus followed. Adams finally raised ms pick axe and with 1t crushed the skuli ol his fellow convict by two terrific hioYvs, and as he drove the pick Into the mans head the last time he cried to the mine boss: Come and help me put this - -- on the cars I've Killed nm.
 Adams was convicted in the Jeffer- son County criminal court and senten- ced to be hanged last February. but the execution of the sentence was sus- pended pending an appeal to the Su- preme Court.
 The appeal operated to prolong the nepros life, as a defect in the record caused reversal of the decision Of the lower court and it was renanded. "A writ of cetiorari brought it again be- fore the Supreme Court in the shape Of z The reversal judgment was then set aside and the sentence of the lower court affirmed yesterday the date of execution being fixed for Thursday. March 13
 Validity of Judgeship.
 The attack on the constitutionality of the Act of the Legislature of 1S9S-99 creating the office of a judge-at-large in the Circuit Judiciary was made in the case of Olney Whatley against the State of Alabama. Not only was the constitutionality of the act assailed, but the right of the supernumerary ( dge to hold an adjourned term of court was brought into question. In fact. the opinion of the Supreme Court written by Justice John C. Anderson, did not deal with the constitutional phase of the case, but discussed tho rights and duties of the judge-at-large. deciding that he has right to hold an adjourned term. The counsel for Whatley alleged LnaC HecIlOnS ., ana 5 of the act were unconstitutional. The first two sections provided for the ere ation of the judgeship and defined his duties. and Justice Anderson held aloof from the constitutional question, say ing that the office could stand valid un- der the first two sections.
 The Circuit Court of Walker County held an adjourned session April 10. 1905, at which Whatley was convicted of seduction and sentenced to ten years in the penitentiary. To destroy the Judgment his counsel sought defects in the supernumerary judgeship and con- tended that Judge A. H. Alston, who holds that office, had no right to sit in the case.
 The decisions handed down yesterday were as follows:
 Tyson, J.
 I.um Keller vs. the State of Alabama. appeal from Walker Circuit Court; af- firmed.
 Dowdell. J.
 Sallie Mcleod, ct al. vs. William Me- Leod, appeal from Barbour Chancery Court; reversed and rendered.
 Simpson. J.
 Frank Adams Vs the State of Ala bama, appeal from Jefferson Criminal Court; affirmed.
 Ebert Carter ct al, vs the State of Alabama, appeal from Bessemer City Court; reversed and remanded.
 Anderson, J.
 Olney WhatIey vs. the State of Ala bama. appeal from Walker Circuit Court; reversed and remanded.
 L,um Keller, one of the defendants in the foregoing cases. was convicted of killing George Meador and was sent enced to eighteen years in the peniten- tiary. The sentence was affirmed
 The Supreme Court took recess yes- terday until Monday, when a call on counties of the Fourth Division will be- gin. These are the counties of Bar hour. Bullock, Coffee, Covington. Cren- shaw. Dale. Geneva. Henry and Pike.