The Birmingham age-herald., 1907-11-06
State Bar Association.


 The State Bar association, as well as ! the majority of the local bars in the 1 Northern District, had favored the ap- 1 pointment of a judge who should exercise 1 his functions in both districts, along with the judge in the Northern and Middle 1 districts for whom the law already pro- 1 vided, while some of the local bars in the | Northern District, favored an increase of | judicial force by adding another judge l for the Northern District alone, leaving | the judge already in the Northern Dis | trict to continue to discharge his duties 1 in both districts as the existing statute | provided and a few of the local bars fla
 voro a sole judge for the Northern Dis | trict relieving the judge of the North | ern and Middle Districts in the Northern ! District Congress is presumed to be fla miliar with these things, and also had | before it the statistics of the very large | amount of litigation in the Northern Ds- 1 trict, with four places in which to hold | court, under which conditions no one | judge can promptly try all the litigated | cases, and keep down the business in | the Northern District Under these cir 1 cumstances, in view of what had been | emanded by the bars and the division l among the members of our state delega- l ton as to the best way to solve the l trouble of getting additional judicial force | in the Northern District if we could 1 look 10 the use of the words separate judge In the statement made, which 1 l believe appeared in the statement made | by one of the members of the House | on the passage Of the bill--1 speak from | memory, not having any copy of the
 record before me--they shed no light whatever on the proper construction of the statute. They are, at least, equally capable of the meaning when the sep
 arate judge was spoken of that judge vas meant who vas to be confined solely 1 9I
 sting judge In that ,..strct to keep down business there, instead of "as judge who
 would have authority and duty in ths Middle as well as in the Northern Dis trict, as insisted on by the State Bar | association. and numerous local bars.
 Consulted Other Judges.
 Being concerned myself l did not stop with my own investigations. The United States circuit judges are not only under duty to sit with the district judges in the circuit court of this dis trict of which the circuit judges are all members when tn cir engagements
 in the court of appeals will permit: but they are also under duty. and have
 authority, to designate district judges
 to sit in the district and circuit courts in the Northern district of Alabama
 when the accumulation of business, or other circumstances renders it nee essary for some outside judge to come
 into the district. If 1 were no longer judge of the Northern district. could not go there except by designation. If l were judge in the Northern dis trict l could not be designated for that purpose; and it would be my duty to go into that district whenever 1 could. So 1 naturally sought the advice of the circuit judges who could direct the discharge of my duties in these particulars, and who for that very req son, were bound to advise me, just as 1 would be bound to advise the mar shai If he ask ed me If his duties car