The Montgomery advertiser., 1907-01-17
LUSK BILL IS RE-INTRQDUCED Judiciary Measure Again ! in Legislature. RESTORES PONY CIRCUIT Law Was Deelarsd Uneonstitut isls by Supreme Court. Provide. for RffelstrletinT RfeanlT ceuntie. 9. state--would Place Montgom-
 cry, Elmore, Chiiton and
 Autanga Together.
 

The Lusk Judiciary bill. which was the center of so much interest in tie Legislature four years ago, and which was later declared rnconstitutionaf by the Supreme couft Because of a flaw in the Journal, was yestefday reintro- duceds by it's author, Senator John A. Lusk Of Marshaif. The Dill was prac- ticaily the same as that which eecu- pied so much of the time of the last Legislature q se'tf
 ;The changes made are of minor na- ture. The. bill sfestofes the .'olds pony circuit" fin 'whiehs Mont gomery had an interest, Ands whica1awas.a aisos knocked out byia decision of the Supreme 7Conrt This cfrc1ft Is composed of athe conn- ties of Montgomery, -sl slmore, ,FChiiton and Autauga It was created twice sbE the Legislature, once by a local act am, again by thes LaslS sbin. ,The Su- preme Court caffe 1along and knocked out both che local asad1the general act creating the icireufta7 s3c $ atH.M Ais
 Tt will be recalled that three Mont gorueriahsS served asa judges of that off cult Judge John G. Winter was nrst se1ected' Judge Of the circuit and at his death .JuageaTerry Richardson was nafned- to filr Hout the tanexpired. terns
 
 of this city was selectedx as,sthe judge of the circuit He twas holding the office whencthA Supreme Courtsdeelared fife law establishin g the circuit had not been -fconstitutionalfy passed. !
 in his report tut the GtHernor, Judge J. Q 8 Mayfield, the State Eodiher'f rs- commended the fedistricting of3the 3u- dfcial circuits, and sti1e increase of their number so4that the Circuit Court dock cts would snot Sbe 'congested as they fnti sheen. in1 other .yeaFsss The condt- tfon to which Judge sMayfeld drew the attention of the Governor and the law makers was recognized four years ago. when the general Judiciary bill was Snp for reconsideration. It was agreed then thA need of anew circuits was pressing ana that immediate action should be taken to relieve che eongested dockets , of stffe various courts. .s 7 Tha fact.,that the -Lusk act was de- clared unconstitutional entailed com siderabler embari dssment and delay Tn
 the court business of the various cir' cutts But nothing could be done tc relieve the situation until the Legisla' ture met again. Strong pressure was | brought to- boar ,on the G0vernor to have him call a special session or the l Legislature to pass a new Judicial act | but the extra session was never call ed The bill introduced by MT: Lusk it can be seen, is one, of the import' ant measures of the present. session:
 | | 9JJnder the terms of the bill the nun Der of Judicial circuits fntAlabama Il Increased from thirteen to seventeen l ] Thes Lusk act was not declared un, constitutional through any lacK @ol merit of it's own. But the bill, Tn its various considerations. uhderwent sev' eral amendments and changes. An amendment made by the Senate was not, properly endorsed in some way and the Supreme Court found theFaet | in it's passage, did not meet the re- uuirements made by the Constitution | [ The bill as introduced yesterday, fixes the time of holding court for each of the seventeen circuits. A' '9