The Montgomery advertiser., 1906-04-01
OPPOSED TO BILL
JUDGE JONES TALKS OF UNDER
 WOOD MEASURE
Montgomery Lawyers VIII Meet Te- Morrow to Express Disapproyai of the Proposed Federal Court Act.

Strong opposition has developed ] among the members of the local bar and other members of the legal pro- | fession in different parts of Alabama over the United States Court bill re- ] gently introduced in Congress by Rep resentative Underwood.
 This bill provides for the fixing of regular terms of the Circuit and Dis l trict Courts of the United States in 1 the Southern Division of the Northern District of Alabama, in Birmingham. and also for the power of the Judge for the Northern District to request the assignment of another judge to hold
 court in that district when. Tor any
 reason. he deems 1t necessary. owing to the widespread dlssatisfac- tfon that has been evinced in regard
 to this matter, an interview was ob- tained by The Advertiser from United
 States Judge Thomas c. Jones on this
 bill yesterday.
 Judge Jones. said a representative of The Advertiser the bar here, 1t is un- derstood. will meet Monday to oppose
 the United States Court bill recently
 It Is said that both you and Judge Toulmin are oppsed to if. It IS mat ter of much public interest in both the Districts. Do you mind stating your
 sI couldn't discuss criticisms of s
 Judicial decision with proprtety, but in u matter of this sort am glad to give my views, especially as I had no oppor- tunity to do so before. the Judiciary Committee of the House. replied Juds z Jones" He then furnished copy or the bill which is as follows: TO fix the regular terms of the circuit
 and district courts of the united
 States for the southern division or
 the northern district Of Alabama
 and for other purposes:
 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the regular terms of the circuit and district courts of the United States for the southern division Of the north- ern district of Alabama shall be heid az the city of Birmingham. in the county or
 Jefferson. twice In each year. on the first Mondays in March and September. and that said courts shall remain in open session for the transaction of busi-
 ness at least six months in each caiSn-
 dar year ,, e.. the northern district of Alabama deems
 or absence, or of the accumulation or
 business therein, or for any other cause,
 that said court should be held by the
 justice of some other district or clr. cult court. he shall in writing. request the presiding justice for the nth 1u-
 dicial circuit of the United States to assign a judge to hold the term or terms This hill." Judge Jones con tinued. does not give any more , judicial force than now, and II does not l 4 more certain supply of outside judges. than VIC already have under the exist ing law. The law now provides eXplic- itIy that whenever there is an "accu- | mutation of business in any district,
 the Circuit Judge shall designate some judge of another district to aid.
 ''The law has already been awaited of. Judge Toulmin has already been desig mated, generally. to hold courts Tn tio Northern District. and has held courts at Anniston and Birmingham. as have | at the latter place, twice year Judge | Toulmin IS now holding court at bir- mingham. under that designation. Judge Roarman has also been designated and l agreed to hold the April term at Hunts 1 vile. Judge shelby has held a term there [ am holding court here where | the common law docket needs atten- 1 tion, with the equity and some lm- portant criminal cases left untried {; | From here I go to Tuscaloosa, and thence about May 1st to hold long | term of the civil docket at Birming- | ham What more Can be done than IS being done for Birmingham or the Northern District, unless Congress | should give us another permanent Judge, IS the lawyers asked. either Tor | tbe Middle and Northern Districts. or | t sSnar4t.. Judge Tor tn Northern Dis trirt. have certainly done all the .lSLtng for aid under the old law that 1 could under the new law. Judge Toul- min. or no other Judge. could do any more under d designation under the new law than he could or would under ihe old The only otter judges, ! know
 nf who Ire not crowded in their nome
 districts are Judges Boarman and
 Swayne. Judge Swayne could not come
 10 Birmingham. because of his heal l'
 and Judge Boarmun, ! believe, has caits
 for all nf his spare time | would De
 glad if the supporters or this plii Woul''
 = aTh fF some
 other judges than those named who
 can be designated to help in the North . ern District. We have not been ape
 to find su-h judges. How can we do this particular not enc particle from "Thr injustice of the bill. is contained in the only real change 1t makes III l existing law-to- wit: that the courts a. Birmingham shall remain m open ! session for the transaction pt business | six months in each calendar year, This means that H judge shall be on | the bench in that court s!E months each wear. The court. uf de- the eX- ! isting law. k already always open ! ruptcv. How will this provision work 1 in practice? How is it 71eant 10 work Look al the situation llttie; IT. n.
 one judge of the Northern ana Mlddle ] inc law not in any wise changed by the bill. Is required 10 hold court twice a ! year at Montgomery. Annlston, By IumEham TusCiloosa and Huntsville 1 Ii requires about seven months work | on the bench to keep up with the bus mess of the tweuty-four counties 1T | the Middle District at Montgomery ! Sessions of court arc required for a' least montl at Tuscaloosa, for abou a month and a half at Anniston, an, at least two months at Huntsville eacl ] wear. This tS a very conservative es ! innate of the time required It vii lin all rob4bilty require more. Thii gives the judge not counting time los in going to and returning from court