The Montgomery advertiser., 1906-04-10
rHE HOUSE PRocnEpINGs.

| by the Bar throughout the state aoout the Underwood court bill that The Ad- vertiser reprints from the Congression- al Record of April 5th. Congressman wileys remarks. He earnestly labored | to obey .he instruction of his consult uents, all over this district. and to fur ther the wishes of the Bars in other parts of the State. Montgomery, Ope- ffka. Huntsville, Anniston. Tuskaloosa. and other places have already wired protests to the president. His efforts are highly appreciated. Geni. Harrison President of the Alabama Bar Associa- ton also forwarded vigorous protest which is published in full in another place in today's issue.
 MT. Underwood was courteous en- ough to object to Mir. wileys reading to the house, the protest of Judges Toulmin and Jones. On the call for the previous question, ten minutes time was allowed to each side. Mir. Wiley said:
 Now, Mir. Speaker, permit me to re- peat that there are three Federal ju- dicial districts inSAlabama. The south ern district is composed of about thir- teen counties, over which Judge Toul- min presides. and who resides In the city of Mobile. Then there are the md dle and northern judicial districts. to- gether composed ot some hfty-odd counties, presided over by Judge Ihom- .tS G. sonss. wno resides ln city or Montgomery. In the middle and north ern districts of Alabama there are nve places designated by law for the hold ing of the district and circuit courts of the United States. to wit: Mont Somery, in the middle district, and An niston, Tuscaloosa, Birmingham, and Huntsville, in the northern Judicial dis- trict.
 The bill now under consideration makes it mandatory that the judge Of the middle and northern districts shall hold court, or provide fer the holding of court, for SIX calendar months, at Birmingham, in each year, whether or not there shall be business enough to justify the holding of such court; ana 1t makes no provision for the holding of the circuit or district courts, for any designated period of time, at the -Four other places just named In bar the io1le nlrt under the law, is expected to be held that is to say, at Montgomery. Annis- ton. Tuscaloosa, and Huntsville-the balance of the year, six months only be- ing all the time remaining for holding court at said other places. It leaves the judge no time for recess, Tor rest, research, or recreation or health. IL
  place. Now, it is provided that If the district judge can not hold court at Birming gham the supreme court judge for the fifth circuit shall assign an out side judge to Hold court at Birmingham. There is no provision. in the bill for such assignment of help anywhere else in these two districts It goes without the other places in the middle and northern districts. Both of the judges of the Federal courts in Alabama pro The Alabama delegation have never been in conference, and, so far as l know, have never been consulted as to its merits or demerits. My colleague (Mr. Clayton), who lives in the middle judicial district of Alabama, Is not here. He is a member of the House Judiciary Committed In his necessary absence the bill was rushed through tne com com members of this body from Alabama of the pendenCy of the bill, or any cp- portunity afforded any one of us to make known our objections thereto or to amend the same in any particular: From all over my district protests and petitions come pouring in upon us bill into a law. Here is a telegram that my colleague from Alabama (Mr. Tay- lor) has just handed me to read: ~
 Opelika, Ala, April 5, 1906. Hon. Wash. Taylor,
 Washington, D. C.:
 If possible, prevent passage of Un- derwood's United States court bill.
 George P. Harrison, .
 President Alabama Bar Association.
 Here Is another telegram which he has just placed in my possession, which l will read:
 Hon. G. W. Taylor,
 Washington, D. C.:
 Yours 29th received. Oppose bill. Reasons stated in letter.
 Harry T. Toulmin.
 Judge Toulmin, sender of this last telegram, is judge of the southern Ju- dicial district of Alabama: Now, MT: came from the Senate. was brought in from the other end of the Capitol with out any warning or notice or lntima- tion to any member from Alabama, so who represents the Birmingham district (Mr. Underwood.) It is rank and palpa- ble injustice to these two hard-work- ing and honorable judges. and-I myself feel constrained earnestly to protest against the passage of the bill.
 The proposition, boiled down, is sim ply this and nothing more, to wit: That 1t is made imperative. nandatqry, that Judge Jones shall hold, or require to be held, court at Birmingham six cal endar months in every year, regardless sufficient volume of business to justify such holding, and regardless, further. of any inconvenience or denial of the right of trial-of due process of law
  sought to make provision for the ad- judication of their rights of life, lib- erty, and property at the four other places above mentioned in said middle and northern districts. viz: Montgom- cry, Anniston, Tuscaloosa, and Hunts vile So long as the law requires court to be held twice a year under one judge it becomes manifestly a matter of pro- foundest concern to litigants and law yers in all these other places outside of Birmin gham as to how long period of term court shall be kept >open in these communities for the transaction of the public business-for the trial of cases. At Montgomery my home town, the docket is burdened with business. Is it fair, equitable, considerate, or reas enable or just that Birmingham shall have the lions share of time-one half each year, which can possibly be de- voted to all those places leaving only six calendar months to Montgomery, Anniston. Tuscaloosa, and Huntsville, even were 1t physically possible for judge to hold court every day in giv- en year, Sundays excepted. The pro- position Is selfish, arbitrary and unfair. 1t results necessarily that the other four places in those two districts will receive but little if any judicial atten- ton.
 The Muskogee Phenix of last Thurs