The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-07
Judiciary Committee Reports Fa-
VOraby on Clayton Bill Which
Creates New Position
NEARLY THREE YEARS TO
GET CIVIL CASE TRIEU
Underwood Is Much EIated Over Re-
suit and Is Confident the Measure
Will Become Law Before
Adjournment.

Washington, February 6.-(Specal)-
The House committee on the judiciary
today favorably reported the bill intro
duced by Representative Clayton, pro-
vidng for the appointment of an addi-
tional United States Judge in the state
of Alabama. He will preside in the north
ern district and his residence will be in
Birmingham. The bill having been favor
ably reported by a unanimous report 1t
is taken for granted that 1t will pass
the House at an early date and also re-
ceive favorable action in the Senate
For several years past there has been
determined effort on the part of the
lawyers In northern Alabama to get a
separate district. As is well known the
conditions in the federal court in Blr-
mngham are little short Of deplorable.
Representative Underwood and other
members have used every effort to get
the conditions remedled but not until the
last few days has there been any hope
of It.
The other day, however, Representa-
tive Clayton introduced his bill. con-
WINGED the members of the judiciary conf
mittee. of which he is a member, of the
justness of the measure. and today it
went through the committee without op-
position.
Underwood Eated.
Mr. Underwood is very much elated
over the result and is confidently counting
upon the measure becoming law before
adjournment.
Mr.. Clayton was directed by the chair
man of the committee to prepare the
report on the bill and he will tomor-
row present 1t 10 the House. 1t is in
full as follows:
Clayton Bill.
AT present there is only one judge,
both the northern and middle districts
of Alabama and he resides at Mont
gomery in the middle district
1T is impossible for one judge to do
the work of both districts.
"The terms of the circuit and district
courts in the northern district of Ala
bama are held as follows:
Huntsville April and October; two
months.
Admission, May and November; two
months.
Tuscaloosa January and June, three
weeks.
Birmingham, March and September; six
months. Total about eleven months.
"In the middle district, circuit and dis
trct courts reported at Montgomery in
accordance with the special statute in
May and December. and the session OF
the district court is also held there, the
first Monday in each month Besides,
special terms OF the courts have been
held there at different intervals from
time to time. The minimum requirement
for holding the district and circuit courts
by the present Judge in the northern and
middle judicial districts aggregates about
thirteen months In each year
In the southern district, where there
Is a Judge residing in Mobile, court Is
in session about five months in each year.
In addition to the terms of the court
there the Judge has much work to do
in chambers at all times, as there Is a
very considerable admiralty business done
at that port. Besides. this Judge holds
court twice year at Selma, in his
district, and is frequently called to serve
on the circuit court of appeals at New
orleans. All his time is now occupied.
Circuit Judge Shelby has held the cir
cult court at Huntsville since May, 1905.
Judge Boardman OF Louisiana, held the
district court there last year. Judge
Toulmin OF the southern district has
held all the terms OF court at Admission
The Judge OF the northern and middle
district. Judge Jones. held the court at
Tuscaloosa in May. 1906. The business
at Huntsville, Tuscaloosa and Admission
Is fairly we'll up to date.
Called to Assist.
"For many years district judges from
nelghboring states have been called I'm
to assist In the northern district of Ala
bama such assistance as these judges
have bean able to give has not been
thought sufficient TO dispose of the busi-
ness or TO relieve the congested condi-
tlon OF the dockets
"At Birmingham the United States court
Is about three years behind. There are
about 800 civil cases on the docket there.
II takes three years to get civil case
to trial at Birmingham. That city Is
the center OF large coal mining, iron
mining and manufacturing Industries.
The commerce and tonnage there Is
greater than at any other point in the
far south, There are fourteen railroads
there, and two more are being built.
Many civil suits are brought there against
foreign corporations and these suits are
at the instance OF the attorneys Of these
corporations. generally removed to the
federal court.
"At the last session of Congress an
act was passed requiring the court at
Birmingham to be held six months in
each year 1t has been impossible for
the present judge to comply with this
law and it is obvious that this act has
not afforded the desired relief During
the year ending June 30. 1906, circuit and
district courts We're held at the differ
ent places in the northern district as
follows:
"Huntsville-By Circuit Judge Shelby,
2l days: by Judge Boardman of Louis
lana. 55 days. Total 76 days
"Annston-Judge Toulmin Of southern
district of Alabama, % DAYS. 5.