The Montgomery advertiser., 1906-04-06
JUDGES PROTESTED
ADDRESSED TELEGRAM TO SPEAK
 ER CANNON.
Believed That BiI1 Compelling Them to Hold Court Six Months In Bir- mingham is Arbitrary--Read
 by Wiley.


 The Underwood Federal Court bill was finally passed yesterday in the House of Representatives. but it was passed in the face of a strong protest from Judge Thomas G.'Jones of Mont gomery and Judge H. T. Toulmin of Mobile In a long telegram which they sent jointly they protested against the passage of the unjust court bill. This telegram, addressed to Speaker Joseph G. Cannon, was sent Wednes- day night. When the bill was read for the last time In the House yesterday. Representative A. A. Wiley fighting the bill to the last, read the telegram. In it was clearly shown the reasons for the positive opposition of the judges. It robbed them of all discre- ton in the matter of holding courts. The bill arbitrarily declares that Bir- mingham must have six months of court, 6 provision which under the cir- cumstances allows practically no dis erection to the judges as to the divis- ion of their time as the exigencies of the business of the court may demand. But the bill has now passed the House and the Senate. It awaits only the signature of the President which will probably be fixed. The strong telegraphic protest made by Judge Jones and Judge Toulmin is as fol- lows:
 Montgomery, Ala. April {. 1906. Hon. Joseph G. Cannon, Speaker, House
 Representatives. Washington D. c.
 The undersigned, the regular judge, and the judge permanently designated under Section five hundred and ninety one of the Revised Statutes on account of the accumulation of business in the Northern District of Alabama, beg
 ENv1 rt.x fafn ment to the House of Representatives. Both of us realize the needs of the Southern Division of the Northern Dis trict, and have done all in oure pow CT to take care of 1t. The real Ques- tion 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 available at present, one of us being judge of the Middle District, and the other judge of tho Southern District, it is impossible to apportion absolutely six months of open court to Birming- ham in the Northern District, with out putting it out of our power to properly adjust and attend to the busi- ness at Montgomery, Tuscaloosa, Sell ma, Anniston, Huntsville and Mobile.
 We are advised that Senate Bill sub stituted for House Bill sixteen thou sand eight hundred and two will be put upon it's passage tomorrow. We did not know that the Senate Bill would be taken up in the Senate when It was, and the House Bill before the Judiciary committee of the House was reported before there was opportunity to present objections to it's practical operation. As neither Bill Is now be- fore the Judiciary Committee. and both Bills are in the possession Of the House. we trust 1t is proper to address this communication to you as 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 un- derstand are identical Neither Bill gives greater power than the existing law for the designation of outside judges, or to force the attendance or designated judges. The Bill substi- tutes the Circuit Justice for the Cir cult Judge as the authority to make designations, which can be better done by the Circuit Judge than the Circuit Justice, since the Circuit judge Is more conversant with the local conditions It selects the month of September for the beginning of the terms The court formerly met in September. and Con- gress changed the date at the instance  pleasant weather at Birmingham at that period.
 Within the past twelve months four toeD weeks of court have been held at Birmingham. the designated judge having just finished months term there yesterday. and the regular judge now holding court at Montgomery, ootnr thence to Tuscaloosa. sometime since, ordered the setting of the dock et at Birmingham. commencing in May. for more than two months term of the court there, which will give Blr- mingham six months open court with in twelve months. During the same period, much equity and bankrupt busi- ness arising in Birmingham, has been transacted in the Middle District at Montgomery. Such results are all that can possibly be accomplished under the present Bill Nothing can be ao- complished under 1t, which cannot be better affected without 1t; while an arbitrary provision as to q fixed time absolutely for one place, will deprive LIS of much needed discretion and hamper the administration of justice in other localities. The Bill will give no permanent or practical relief. We have done, and will continue to do. all that two judges can under existing condi- tons. at the seven different places for holding court.
 We respectfully submit under these