The Birmingham age-herald., 1906-04-06
JONES AND -OULMIN
 ENTER ;. PROrEST
They Claim That Provisions of the Law Are Inconvenient and
 Impracticable.

Montgomery. April 5.-(SpeciaL)-Th agony incident to the bill to enforce the judge of the Middle and Northern Ala bama Federal districts to hold six months court every year in Birmingham is passed, and such provision is now law. The bill passed the House today It had already gone through the Senate. Now 1t Is made obligatory upon the judges to hold the court in Birmingham half the year, and 1t remains to be seen what will be done with the provision in the way of relieving the docket
 Thomas c. Jones, judge of the Middle and Northern district, and Harry TouI- min. judge of the Southern district sent a protest to the speaker of Congress to- day urging that the bill be not allowed to pass, holding that it would not relieve the situation and would only further com plicate matters. It was pointed out that the month of September is selected for opening one of the terms, and that that season Is so disagreeable that Congress aforetime changed the date
 The protest, showing as it does the pOSltion oI JuuBeS tunes ana IOulmln, IS given below:
 The Protest.
 Montgomery, Ala. April I, 1906. Hon. Joseph c. Cannon, Speaker House
 of Representatives, Washington D. C.:
 The undersigned. the regular judge and the judge permanently designated under section 591 of the revised statutes on ac- count of the accumulation of business in Inc ictt of AIa1. Ix0eV leave to make the following statement to the House of Representatives: Both of us realize the needs of the Southern di- vision of the Northern district, and have done all in our power to take care of 1t. The question is not so much what it needs. but whether, with the present available force of judges. any arbitrary time should be fixed for transacting busi- ness there. Without more aid than avail able at present, one of us being judge of the Middle district and the other judge of the Southern district. 1t is impossible to apportion absolutely six months of open court to Birmingham in the Northern district without putting 1t out of our power to properly adjust and attend to the business at Montgomery. Tuscaloosa, Selma Anniston. Huntsville and Mobile.
 We are advised that Senate bill sub stituted for House bill 16.S02 will be put upon It's passage tomorrow We did not know that the Senate bill would be taken up in the Senate when if was. and the House bill Def e the judiciary commit tee of the House was reported before there was opportunity to present obiec- tions to its practical operation. As neither bill is now before the judiciary commit tee. and both bills are in possession of the House, we trust it Is proper to address this communication to you speaker. and most respectfully request that you bring it to the attention of the House, before it acts upon the bill tomorrow.
 The House and Senate bills, we under stand. are identical. Neither bill gives greater power than the existing law for the designation of outside judges. or to force the attendance of designated judges The bill substitutes the circuit justice for the circuit judge as the authority to make designations. which can be better done by the ciredit judge than the cir cult justice. since the circuit judge Is more conversant with local conditions. It selects the month of September for the beginning of one of the terms The court formerly met in September and Congress changed the date at the in-