The Birmingham age-herald., 1906-02-10
TEXT IF DECISION ON INFERIOR COURT Establishment of Inferior Court
 Was Constitutional SEVERAL ARE AFFECTED Governor Jelks Will Appoint H. B. Abernathy and |. H. 5enners to
 Positions They Held Before
 Former Decision.
SEVERAL ARE AFFECTED

The action of the state supreme court relative to the case of the inferior court was the subject of general conversation and discussion yesterday among attor- neys in and about the court house. No one would speak on the subject yesterday for publication, owing to the fact that no copy of the full text of the decision was received in Birmingham until late last night.
 A number of private telegrams from Montgomery, however, caused a general feeling that the action of the supreme court was to the effect that the act es- tablshing the inferior court was legal and constitutional. This was strengthened evening that Governor Jelks understood the matter in that light. and had gone so far as to make the statement that he would appoint Judges H. B. Abernathy and l. H. Benners to the judgeships, they having been elected to those positions and having presided over the court un- til they were busted by legal proceed ings.
 Four regularly appointed justices. and TWO eA-OulClO JuSLlteS Oi llt pcdNt di affected by the act. It is even stated that it is likely that the matter of the Ensley inferior court will be taken to the su- preme court now, lnasmuch as it was based on the same grounds and was in almost every way the same as the Bir- mingham act.
 Decision in Full.
 The following is copy of the full text of the decision of the Alabama supreme court in the inferior court case:
 .State of Alabama, ex rel, A. B. Per due, ct al. vs. H. B. Abernathy. Appeal from the Birmingham city court. Tyson, justice.
 There are two constitutional obiec- tions urged against the validity of the act establishing an infeior court in pre- clncts 21 and s7, in Jefferson county, etc, etc, approved September 26, 190S.-Local Acts, page 379.
 ''The first of these is that 1t is viola tive of section 1O6 of the constitution be- cause the notice given of the intention to apply for the enactment was insufficient, The notice was in the following lan- guage:
 " NOTICE.
 'To whom it may concerns: Notice is hereby given that a bill will be intro duced at the present session of the legislature of Alabama the substance of which will be to create a court of in ferior jurisdiction in precincts 21 and 37 of Jefferson county, Alabama, in lieu of all justices of the peace and notaries public, ex-officio justices of the peace in the several wards in the city of Birming- ham, Ala, to provide a judge or judges of said court. defining their jurisdiction, appointment of clerk and prescribing sala- ries or compensation of said judges and clerk. Also a bill will be introduced the substance of which will be the abolish ment of the office of notary public ex- officio justice of the peace in precincts 21 and 37 of Jefferson county, Alabama, and in the several wards of the city of Birmingham, Ala.'
 Sixteen Sections.
 '''The act passed in pursuance to this notice and here assailed, contains six teen sections The first establishes the court The second preseribes the quail fications of the judges, their terms or office and the method of their election. The third fixes the amount of their sal aries and provides for their payment The fourth provides for the appointment of the clerks, fixes their salaries, pro- vides for their payment, prescribes their duties and requires them to give bonds for the faithful discharge of their duty in a penalty fixed. The fifth and seventh relate to the powers and Jurisdiction of the judges. and in the latter section pro- vision is made for the immediate transfer of pending causes of a certain character and cohferring on the court established exclusive jurisdiction as against justices of the peace and notaries public in said precincts to issue writs of attachment. garnishment and detinue It also provides, after the expiration of the terms of of flee of justices of the peace and notaries